SOLOMON HOLDING CORP. v. GOLIA


55 A.D.3d 507 (2008)

SOLOMON HOLDING CORP., Appellant, v. PETER GOLIA et al., Respondents, et al., Defendants.

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

October 30, 2008.


On appeal, plaintiff does not argue that the statute of limitations had not run before commencement of the action, but only that defendants should not be permitted to invoke the statute of limitations because they did not plead it in their answer and then waited 19 months before finally seeking to interpose it. Plaintiff, however, does not show, or even claim, prejudice or surprise resulting directly from defendants' delay in asserting the statute of limitations. Absent such...

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