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POPULAR CONSTRUCTION, INC. v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY

268 A.D.2d 467 (2000)

702 N.Y.S.2d 341

POPULAR CONSTRUCTION, INC., Appellant, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Respondent.

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

Decided January 18, 2000.

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in granting that branch of the motion of the defendant, New York City School Construction Authority (hereinafter the Authority), which was for leave to serve an amended answer to assert, inter alia, an affirmative defense based on the Statute of Limitations (see, CPLR 3025 [b]; Fahey v County of Ontario, 44 N.Y.2d 934...

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