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STEFANIW v. CERRONE

130 A.D.2d 483 (1987)

Christine Stefaniw et al., Respondents, v. Anthony Cerrone, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 4, 1987

Ordered that the order is affirmed, with costs.

The court did not err in granting the plaintiffs' motion to strike the defendant's second affirmative defense, asserting the Statute of Limitations, based upon the parties' written stipulation which extended the defendant's time to answer the complaint on the condition that all affirmative defenses were waived. Although the stipulation was not actually signed by the defendant...

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