
    In the Matter of Lynn Augenblick, Petitioner, and Maxwell Glantz et al., Appellants, v Town of Cortlandt et al., Respondents.
    Argued October 8, 1985;
    decided November 12, 1985
    
      APPEARANCES OF COUNSEL
    
      Walter I. Seligsohn for appellants.
    
      Thomas F. Wood for Town of Cortlandt, respondent.
    
      Donald Tirschwell and Donna Riefberg-Cohen for Montrose Concrete Products Corp., respondent.
   OPINION OF THE COURT

Order reversed, with costs, and petition granted for the reasons stated in the dissenting memorandum by Justice Leon D. Lazer at the Appellate Division (104 AD2d 806, 811-815). Respondents waived their Statute of Limitations defense by failing to plead it in their answer or by appropriate motion (CPLR 7804 [f]; see also, CPLR 3211 [a]).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Kaye, Alexander and Titone. Taking no part: Judge Simons.  