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HORST v. BROWN

1475, 602652/05.

72 A.D.3d 434 (2010)

900 N.Y.S.2d 13

PATRICIA HORST, Appellant, v. OWEN LLOYD BROWN, Respondent.

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

Decided April 6, 2010.

CPLR 3211 (e) explicitly provides that an objection or defense based on the statute of limitations is waived unless raised in a responsive pleading or in a pre-answer motion to dismiss. Defendant failed to do either, and thus waived this defense (see Buckeye Retirement Co., L.L.C., Ltd. v Lee, 41 A.D.3d 183 [2007] [statute of limitations defense waived unless raised by aggrieved party]).

As defendant waived the affirmative...

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