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McCARTHY v. AMALGAMATED LOCAL NUMBER 55 INTERNATIONAL UNION

4 A.D.3d 749 (2004)

771 N.Y.S.2d 479

TIMOTHY A. McCARTHY, as Executor of CHARLES CINA, Deceased et al., Respondents, v. AMALGAMATED LOCAL NUMBER 55 INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS RETIREMENT INCOME FUND et al., Appellants.

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

February 11, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

We affirm for the reasons stated in the decision at Supreme Court. We add only that defendants failed to plead the statute of limitations as an affirmative defense in their amended answer and, in any event, that affirmative defense lacks merit. The action was timely commenced inasmuch as the statute of limitations did not begin to run...

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