Summary
In Reilly v City of New York (298 N.Y. 710), the Court of Appeals held that failure of the defendant City of New York to specifically raise the limitation defense or move to amend its answer to include same constituted a waiver of said defense notwithstanding the city's contention that there was a statutory prohibition against waiver of said defense by a municipality.
Summary of this case from Eagle Insurance v. City of New YorkOpinion
Argued October 19, 1948
Decided November 24, 1948
Appeal from the Supreme Court, Appellate Division, Second Department, DALY, J.
John P. McGrath, Corporation Counsel ( W. Bernard Richland, Seymour B. Quel and Barbara Carroll of counsel), for appellant.
James G. Purdy for respondents.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ.