Williams v. Stimlinger

Appellate Division of the Supreme Court of New York

Williams v. Stimlinger

229 A.D.2d 1022, 645 N.Y.S.2d 179, 1996 N.Y. App. Div. LEXIS 9105

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

DecidedJuly 12, 1996

StatusPublished

This text of 229 A.D.2d 1022 (Williams v. Stimlinger) 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

Williams v. Stimlinger, 229 A.D.2d 1022, 645 N.Y.S.2d 179, 1996 N.Y. App. Div. LEXIS 9105 (N.Y. Ct. App. 1996).

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Opinion

—Order unanimously affirmed without costs. Memorandum: In their complaint, plaintiffs affirmatively pleaded that "[t]he limitations on liability set forth in [section] 1601 of the Civil Practice Law and Rules do not apply to this action because the claims in this action fall within the exclusion set forth in [section] 1602 (6) of the Civil Practice Law and Rules.” Defendants denied that allegation in their answer. It is therefore not necessary for defendants to plead this issue as an affirmative defense (see, Siegel, NY Prac § 223, at 326 [2d ed], citing Green Bus Lines v Consolidated Mut. Ins. Co., 74 AD2d 136, lv denied 52 NY2d 701). In light of our determination, we do not consider the remaining contentions of the parties. (Appeal from Order of Supreme Court, Cattaraugus County, Feeman, Jr., J.—Amend Answer.) Present—Pine, J. P., Fallon, Callahan, Balio and Boehm, JJ.

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—Order unanimously affirmed without costs. Memorandum: In their complaint, plaintiffs affirmatively pleaded that "[t]he limitations on liability set forth in [section] 1601 of the Civil Practice Law and Rules do not apply to this action because the claims in this action fall within the exclusion set forth in [section] 1602 (6) of the Civil Practice Law and Rules.” Defendants denied that allegation in their answer. It is therefore not necessary for defendants to plead this issue as an affirmative defense (see, Siegel, NY Prac § 223, at 326 [2d ed], citing Green Bus Lines v Consolidated Mut. Ins. Co., 74 AD2d 136, lv denied 52 NY2d 701). In light of our determination, we do not consider the remaining contentions of the parties. (Appeal from Order of Supreme Court, Cattaraugus County, Feeman, Jr., J.—Amend Answer.) Present—Pine, J. P., Fallon, Callahan, Balio and Boehm, JJ.

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Bluebook (online)

229 A.D.2d 1022, 645 N.Y.S.2d 179, 1996 N.Y. App. Div. LEXIS 9105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-stimlinger-nyappdiv-1996.

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