The motion court properly denied TBTA's motion to dismiss the complaint. The record supports the court's determination that TBTA waived the statute of limitations defense by failing to assert it in its answer (see CPLR 3211 [e]).
TBTA's motion for a directed verdict was also properly denied. While a plaintiff's acceptance of an adjournment in contemplation of dismissal (ACD) precludes a claim for malicious prosecution, it "does not interdict an action for false...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
