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  5. 66 N.Y.2d 775 (1985)
 

MATTER OF AUGENBLICK v. TOWN OF CORTLANDT

66 N.Y.2d 775 (1985)

In the Matter of Lynn Augenblick, Petitioner, and Maxwell Glantz et al., Appellants, v. Town of Cortlandt et al., Respondents.

Court of Appeals of the State of New York.

Decided November 12, 1985.

Attorney(s) appearing for the Case

Walter I. Seligsohn for appellants.

Thomas F. Wood for Town of Cortlandt, respondent.

Donald Tirschwell and Donna Riefberg-Cohen for Montrose Concrete Products Corp., respondent.

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, KAYE, ALEXANDER and TITONE. Taking no part: Judge SIMONS.

Order reversed, with costs, and petition granted for the reasons stated in the dissenting memorandum by Justice Leon D. Lazer at the Appellate Division (104 A.D.2d 806, 811-815). Respondents waived their Statute of Limitations defense by failing to plead it in their answer or by appropriate motion (CPLR 7804 [f]; see also, CPLR...

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