New York Court of Appeals, 1985

Augenblick v. Town of Cortlandt

Augenblick v. Town of Cortlandt
New York Court of Appeals · Decided November 12, 1985
66 N.Y.2d 775; 488 N.E.2d 109; 497 N.Y.S.2d 363; 1985 N.Y. LEXIS 17915
Augenblick v. Town of Cortlandt

Cases that cite this one

22 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Order reversed, with costs, and petition granted for the reasons stated in the dissenting memorandum by Justice Leon D. Lazer at the Appellate Division (104 AD2d 806, 811-815). Respondents waived their Statute of Limitations defense by failing to plead it in their answer or by appropriate motion (CPLR 7804 [f]; see also, CPLR 3211 [a]).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Kaye, Alexander and Titone. Taking no part: Judge Simons.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.