SCHOLASTIC INC. v. PACE PLUMBING CORP.

1155155/08

129 A.D.3d 75 (2015)

8 N.Y.S.3d 143

2015 NY Slip Op 03489

SCHOLASTIC INC., Appellant, v. PACE PLUMBING CORP., Respondent, et al., Defendants.

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

Decided April 28, 2015.


Attorney(s) appearing for the Case

Finazzo Cossolini O'Leary Meola & Hager, LLC, New York City ( Robert M. Wolf and Robert F. Cossolini of counsel), for appellant.

Lester Schwab Katz & Dwyer, LLP, New York City ( Daniel S. Kotler and Harry Steinberg of counsel), for respondent.

SAXE and MANZANET-DANIELS, JJ., concur with ACOSTA, J.; FRIEDMAN, J.P., concurs in a separate opinion in which SWEENY, J., concurs.


OPINION OF THE COURT

The fundamental question in this appeal is whether defendant properly pleaded an affirmative defense based on the statute of limitations, where the defense was concealed within a boilerplate, catchall paragraph containing 15 other affirmative defenses and an attempt to plead and reserve every other conceivable...

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