Laborers' International Union of North America, Local 210 v. Hadala Construction, Inc.

Appellate Division of the Supreme Court of New York

Laborers' International Union of North America, Local 210 v. Hadala Construction, Inc.

134 A.D.2d 849, 521 N.Y.S.2d 1004, 1987 N.Y. App. Div. LEXIS 51028

Appellate Division of the Supreme Court of the State of New York·Decided November 10, 1987·Published

Opinion

— Order unanimously affirmed with costs. Memorandum: We affirm for the reasons stated in the memorandum decision of Supreme Court (Wolfgang, J.). We add only that respondent Hadala Construction, Inc. has not preserved for review its argument that this proceeding is barred by the Statute of Limitations. It waived this affirmative defense by failing to raise it in its answer or by motion to dismiss (see, CPLR 3211 [e]). (Appeal from order of Supreme [850] Court, Erie County, Wolfgang, J. — arbitration.) Present— Doerr, J. P., Boomer, Pine, Balio and Davis, JJ.

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— Order unanimously affirmed with costs. Memorandum: We affirm for the reasons stated in the memorandum decision of Supreme Court (Wolfgang, J.). We add only that respondent Hadala Construction, Inc. has not preserved for review its argument that this proceeding is barred by the Statute of Limitations. It waived this affirmative defense by failing to raise it in its answer or by motion to dismiss (see, CPLR 3211 [e]). (Appeal from order of Supreme [850] Court, Erie County, Wolfgang, J. — arbitration.) Present— Doerr, J. P., Boomer, Pine, Balio and Davis, JJ.

Laborers' International Union of North America, Local 210 v. Hadala Construction, Inc., 134 A.D.2d 849, 521 N.Y.S.2d 1004, 1987 N.Y. App. Div. LEXIS 51028 (N.Y. Ct. App. 1987).

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134 A.D.2d 849 (Laborers' International Union of North America, Local 210 v. Hadala Construction, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.