ORIX FINANCIAL SERVICES, INC. v. HAYNES


56 A.D.3d 377 (2008)

867 N.Y.S.2d 332

ORIX FINANCIAL SERVICES, INC., Formerly Known as ORIX CREDIT ALLIANCE, INC., Appellant, v. MACON T. HAYNES, Respondent.

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

Decided November 25, 2008.


The statute of limitations must be pleaded as an affirmative defense and cannot be asserted sua sponte by the court as a basis for denying an unopposed motion for a default judgment (see Buckeye Retirement Co., L.L.C., Ltd. v Lee, 41 A.D.3d 183, 184 [2007]). We have reviewed plaintiff's submissions on the motion and find them sufficient for purposes...

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