Party in Default Cannot Assert Affirmative Defense

On September 30, 2026, the Second Department issued a decision in U.S. Bank Trust, N.A. v. Aprile, 2026 NY Slip Op. 05569, holding that a party in default cannot assert an affirmative defense, explaining:

The Supreme Court also properly denied dismissal of the complaint insofar as asserted against the defendant pursuant to CPLR 3211(a) on the ground that the action was time-barred. Since the defendant never vacated his default in this action, he was precluded from asserting a statute of limitations defense.

(Internal citations omitted).

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