Q: I’m looking to have a revival or waiver of a statue of limitation and I have some questions. Hope you can help.
A:
There is no question to answer.
Revivals of causes of action are by statute. They are few and far between in NY; they are remedial legislation.
The waiver of a statute of limitations is rare, but does happen. These waivers are based upon an equitable principle whereby the defendant is estopped from asserting the defense because of misleading the plaintiff into delaying the commencement of an action. It also can be deemed waived if a defendant does not assert it as an affirmative defense in the answer to the complaint.
Benjamin Z. Katz agrees with this answer
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