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MORGAN v. MORGAN
Appellate Division of the Supreme Court of New York, Second Department.
Sep 26, 2005
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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.
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