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BOARD OF EDUCATION OF SACHEM CENTRAL SCHOOL DISTRICT v. EUGENE J. DONOHUE ASSOCIATES, INC.

298 A.D.2d 482 (2002)

748 N.Y.S.2d 504

BOARD OF EDUCATION OF SACHEM CENTRAL SCHOOL DISTRICT, Appellant, v. EUGENE J. DONOHUE ASSOCIATES, INC., Respondent.

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

Decided October 21, 2002.

Ordered that the order and judgment is affirmed, with costs.

The decision whether to grant leave to amend is within the court's discretion, and such determination will not be lightly set aside (see Sidor v Zuhoski, 257 A.D.2d 564). Although failure to plead the statute of limitations as an affirmative defense constitutes a waiver of such defense (see CPLR 3211 [e]), a defendant can nonetheless seek leave of the court...

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