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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 10, 1987

StatusPublished

This text of 134 A.D.2d 849 (Laborers' International Union of North America, Local 210 v. Hadala Construction, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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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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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]*850Court, 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]*850Court, Erie County, Wolfgang, J. — arbitration.) Present— Doerr, J. P., Boomer, Pine, Balio and Davis, JJ.

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134 A.D.2d 849, 521 N.Y.S.2d 1004, 1987 N.Y. App. Div. LEXIS 51028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laborers-international-union-of-north-america-local-210-v-hadala-nyappdiv-1987.