Home/New York Court of Appeals/Augenblick v. Town of Cortlandt

Augenblick v. Town of Cortlandt

488 N.E.2d 109, 66 N.Y.2d 775, 497 N.Y.S.2d 363, 1985 N.Y. LEXIS 17915
CourtNew York Court of Appeals
DecidedNovember 12, 1985
StatusPublished
Cited by22 cases

This text of 488 N.E.2d 109 (Augenblick v. Town of Cortlandt) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Augenblick v. Town of Cortlandt, 488 N.E.2d 109, 66 N.Y.2d 775, 497 N.Y.S.2d 363, 1985 N.Y. LEXIS 17915 (N.Y. 1985).

Opinion

OPINION OF THE COURT

Order reversed, with costs, and petition granted for the reasons stated in the dissenting memorandum by Justice Leon D. Lazer at the Appellate Division (104 AD2d 806, 811-815). Respondents waived their Statute of Limitations defense by failing to plead it in their answer or by appropriate motion (CPLR 7804 [f]; see also, CPLR 3211 [a]).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Kaye, Alexander and Titone. Taking no part: Judge Simons.

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Bluebook (online)
488 N.E.2d 109, 66 N.Y.2d 775, 497 N.Y.S.2d 363, 1985 N.Y. LEXIS 17915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/augenblick-v-town-of-cortlandt-ny-1985.