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GROSS, SHUMAN, BRIZDLE & GILFILLAN, P. C. v. BAYGER

256 A.D.2d 1187 (1998)

682 N.Y.S.2d 766

GROSS, SHUMAN, BRIZDLE & GILFILLAN, P. C., Respondent, v. FRANK R. BAYGER, Appellant.

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

Decided December 31, 1998.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court did not abuse its discretion in denying that part of the cross motion of defendant to amend his answer to plead the Statute of Limitations as an affirmative defense. The failure to assert the Statute of Limitations in a motion to dismiss or in the answer constitutes a waiver of that affirmative defense (see, CPLR 3211 [e]; Matter of Augenblick...

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