MATTER OF LABORERS' INT'L UNION OF NORTH AM., LOCAL 210, AFL-CIO v. HADALA CONSTR., INC.


134 A.D.2d 849 (1987)

In the Matter of Laborers' International Union of North America, Local 210, AFL-CIO, Respondent, v. Hadala Construction, Inc., Appellant

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

November 10, 1987


Order unanimously affirmed with costs.

Memorandum:

We affirm for the reasons stated in the memorandum decision of Supreme Court (Wolfgang, J.). We add only that respondent Hadala Construction, Inc. has not preserved for review its argument that this proceeding is barred by the Statute of Limitations. It waived this affirmative defense by failing to raise it in its answer or by motion to dismiss (see, CPLR...

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