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MEREDITH v. SIBEN & SIBEN, LLP

2013-11282

130 A.D.3d 791 (2015)

13 N.Y.S.3d 520

2015 NY Slip Op 06120

KAREN MEREDITH, Appellant, v. SIBEN & SIBEN, LLP, Respondent.

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

Decided July 15, 2015.

Ordered that the order is affirmed, with costs.

Initially, contrary to the plaintiff's contention, the defendant did not waive its statute of limitations defense, asserted in its answer, by failing to make a pre-answer motion to dismiss (see Rich v Lefkovits, 56 N.Y.2d 276 [1982]). Rather, a statute of limitations defense may be asserted after joinder of issue in a motion for summary judgment pursuant to CPLR 3212 (see...

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