McCarthy v. Amalgamated Local Number 55 International Union

Appellate Division of the Supreme Court of New York

McCarthy v. Amalgamated Local Number 55 International Union

4 A.D.3d 749, 771 N.Y.S.2d 479, 2004 N.Y. App. Div. LEXIS 1427

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

DecidedFebruary 11, 2004

StatusPublished

This text of 4 A.D.3d 749 (McCarthy v. Amalgamated Local Number 55 International Union) 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.

Bluebook

McCarthy v. Amalgamated Local Number 55 International Union, 4 A.D.3d 749, 771 N.Y.S.2d 479, 2004 N.Y. App. Div. LEXIS 1427 (N.Y. Ct. App. 2004).

Pincite

Opinion

Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered September 30, 2002. The order, insofar as appealed from, denied that part of defendants’ motion for summary judgment dismissing the first cause of action and granted that part of plaintiffs’ cross motion for summary judgment on that cause of action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: We affirm for the reasons stated in the decision at Supreme Court. We add only that defendants failed to plead the statute of limitations as an affirmative defense in their amended answer and, in any event, that affirmative defense lacks merit. The action was timely commenced inasmuch as the statute of limitations did not begin to run, at the earliest, until the insurance policy was discontinued. Present—Pine, J.P, Wisner, Scudder, Gorski and Lawton, JJ.

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Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered September 30, 2002. The order, insofar as appealed from, denied that part of defendants’ motion for summary judgment dismissing the first cause of action and granted that part of plaintiffs’ cross motion for summary judgment on that cause of action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: We affirm for the reasons stated in the decision at Supreme Court. We add only that defendants failed to plead the statute of limitations as an affirmative defense in their amended answer and, in any event, that affirmative defense lacks merit. The action was timely commenced inasmuch as the statute of limitations did not begin to run, at the earliest, until the insurance policy was discontinued. Present—Pine, J.P, Wisner, Scudder, Gorski and Lawton, JJ.

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Bluebook (online)

4 A.D.3d 749, 771 N.Y.S.2d 479, 2004 N.Y. App. Div. LEXIS 1427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarthy-v-amalgamated-local-number-55-international-union-nyappdiv-2004.