DAY v. RUDOLPH


28 A.D.3d 232 (2006)

811 N.Y.S.2d 566

JACQUELINE DAY, Appellant, v. MICHAEL RUDOLPH, Respondent.

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

April 6, 2006.


Defendant's answer asserted the statute of limitations as an affirmative defense. Assuming, without deciding, that the answer was late, we would deem it timely interposed under the circumstances presented (CPLR 3012 [d]). Accordingly, the action was properly dismissed as...

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