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CAMERON v. 1199 HOUS. CORP.

208 A.D.2d 454 (1994)

617 N.Y.S.2d 314

Charles Cameron, Respondent, v. 1199 Housing Corporation et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

October 25, 1994

Defendants-appellants' motion for leave to include the Statute of Limitations as a defense in their answer was made approximately six years after they served their answer, after plaintiff, relying on their waiver of that defense for failure to include it in their answer (CPLR 3211 [e]), had engaged in motion practice and disclosure, placed the case on the calendar, and otherwise spent considerable time and expense preparing for...

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