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ESTATE OF FRANCES ASCH, Deceased

ESTATE OF FRANCES ASCH, Deceased. (13/217/A) — Respondent Audrey Silverstein cross-moves, inter alia, to dismiss the petition to the extent that it seeks recovery from her of the proceeds of two bank accounts on the ground that the causes of action are time-barred.

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ESTATE OF FRANCES ASCH, Deceased. (13/217/A) — Respondent Audrey Silverstein cross-moves, inter alia, to dismiss the petition to the extent that it seeks recovery from her of the proceeds of two bank accounts on the ground that the causes of action are time-barred.

Respondent failed to assert the statute of limitations defense in her answer or in a pre-answer motion to dismiss. Therefore, this defense has been waived (CPLR 3211(e); see also, Dougherty v. City of Rye, 63 NY2d 989 [1984]). Accordingly, the cross-motion to dismiss the petition on the basis of the defense of the statute of limitations is denied. Furthermore, the crossmotion is denied to the extent that it seeks dismissal of petitioner’s motion to amend the petition. The grounds urged by respondent to dismiss the motion to amend were considered by the Court in rendering its previous decision on said motion.

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