Orix Fin. Servs., Inc. v Haynes, 2008 NY Slip Op 09270 (App. Div., 1st)
Order, Supreme Court, New York County (Jane S. Solomon, J.), entered
September 6, 2007, which, in an action on a "conditional sale contract
note," denied plaintiff's unopposed motion pursuant to CPLR 3215 for a
default judgment and sua sponte dismissed the complaint as barred by
the statute of limitations, unanimously reversed, on the law, without
costs, the motion granted, and the matter remanded for further
proceedings including entry of judgment.
The statute of limitations must be pleaded as an affirmative
defense and cannot be asserted sua sponte by the court as a basis for
denying an unopposed motion for a default judgment (see
Buckeye Retirement Co., L.L.C., Ltd. v Lee
, 41 AD3d 183, 184 ). We have reviewed plaintiff's submissions on the motion and find them sufficient for purposes of CPLR 3215.
The bold is mine