AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

KAY MORGAN, Respondent, et al., Plaintiff, v. DOUGLAS MORGAN et al., Appellants.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The defendants waived the assertion of the affirmative defenses of laches, unclean hands, and equitable estoppel by not raising them in the pleadings ( see CPLR 3018 [b]; Fade v. Pugliani/Fade, 8 AD3d 612, 614-615; Kromer v. Kromer, 177 AD2d 472, 473). In any event, there was sufficient proof adduced at trial for the Supreme Court, as the trier of fact, to conclude that the elements of the asserted defenses were not established.

The defendants' remaining contentions are without merit.

Use AI to get other relevant cases.

Comments

MORGAN v. MORGAN
(Sep 26, 2005)