Court reviews use the Statute of Limitation Defense in a boilerplate paragraph – Call to the Court of Appeals?

Failure to follow procedural rules can have a detrimental effect on a case.  Recently, the New York Appellate Division, First Department held that the statute of limitations would not bar the plaintiff’s action because the defendant did not assert the defense in accordance with the format required by New York Civil Procedure Rule governing pleadings, CPLR §3040.  The rule provides that each affirmative defense asserted should be numbered and labeled in a responsive pleading.

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