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O'SULLIVAN v. O'SULLIVAN

206 A.D.2d 960 (1994)

614 N.Y.S.2d 828

Kieran D. O'Sullivan, Appellant, v. Joan M. O'Sullivan, Respondent

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

July 15, 1994

Judgment unanimously affirmed without costs.

Memorandum:

Plaintiff waived his Statute of Limitations defense by failing to raise it in a timely manner (see, CPLR 3211 [e]; Matter of Augenblick v Town of Cortlandt, 66 N.Y.2d 775, 777, rearg denied 67 N.Y.2d 647; Itzkowitz v Town Bd., 139 A.D.2d 932). Plaintiff's argument that the provisions of CPLR 3211 are inapplicable...

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