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Warren's Negligence in the New York Courts
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

1-9 Warren's Negligence in the New York Courts 9.syn


Affirmative Defenses


Robert Conason;Richard Godosky;Rhonda E. Kay;Henry G. Miller;James C. Moore;Brian J. Shoot

Chapter Summary


This chapter from Warren's Negligence in the New York Courts contains a discussion of the defenses to negligence. It discusses common defenses to negligence, including those that are statutorily mandated and developed in common law. It also provides that a defendant must deny any untruthful allegation to avoid their admittance. Next, the chapter provides that affirmative defenses must be included in responsive pleadings and that defenses must be affirmatively pleading. Then, the chapter covers the requirements for affirmative defenses to be asserted in a defendant's answer and for certain affirmative defenses to be asserted if used as a basis for a motion to dismiss. Further, the chapter discusses the specific denial of contractual conditions precedent, as well as the prohibition of the assignment of a personal injury action. Finally, the chapter discusses nonstatutory affirmative defenses.

Warren's Negligence (Matthew Bender) is New York's premier treatise on New York negligence law. It includes an accurate, up-to-date analysis of recent and seminal decisions in eight broad topics and nearly 400 fact patterns to help the attorney find the most helpful cases. Key topical areas include: essential principles of negligence law; particular defenses to negligence actions; various types of parties negligent; various types of persons injured; places where negligence occurs; particular instrumentalities of negligence; particular types of negligence actions; and damages.


New York,defense,statute of limitations,counterclaim,affirmative defenses,statute of frauds,release,mistake,misrepresentation,willful default,breach of trust,undue influence,collateral estoppel,negligence


For a discussion of timeliness, see Chapter 12, Statute of Limitations.

For a discussion of comparative negligence and its impact, see Chapter 11, Comparative Negligence and Assumption of Risk.

For a general discussion of negligence, see Chapter 1, Nature of Negligence.

For a discussion of limits on liability, see Chapter 14A, Limitations on Liability.


See Weinstein, Korn & Miller, New York Civil Practice: CPLR (Matthew Bender) for in-depth analysis of each section of the CPLR, which is the procedural body of law in New York, applicable to all negligence actions filed in New York courts.

See LexisNexis AnswerGuide New York Negligence (Matthew Bender) for expert advice on both procedural and substantive questions of negligence law.

See New York Practice Guide: Negligence (Matthew Bender) for expert analysis of New York negligence case and statutory law, accompanied by practice materials such as forms, checklists, time-tables, strategy and practice tips, and a research guide.
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