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State statutes often specify whether a defense is affirmative. The Model Penal Code defines an affirmative defense as a defense that is deemed affirmative in the Code or a separate statute, or that “involves a matter of excuse or justification peculiarly within the knowledge of the defendant” (Model Penal Code § 1.12 (3) (c)). It handles an enormous caseload – over 7,000 new suits each year, with another 18,000 pending - through vigorous investigation, zealous defense before State and federal courts, and, when appropriate, settlement. The Division maintains local offices in all five boroughs.
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New York Fair Debt Collection Practices Act § 601. Prohibited practices. No principal creditor, as defined by this article, or his agent shall: 1. Simulate in any manner a law enforcement officer, or a representative of any governmental agency of the state of New York or any of its political subdivisions; or. 2.
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The EEOC filed an early motion for summary judgment arguing that the affirmative defense of failure to conciliate is not permitted as a matter of law. The district court denied the EEOC’s motion but certified the matter for interlocutory appeal and the Seventh Circuit granted the EEOC’s request to appeal. Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.
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MOTION TO DISMISS AFFIRMATIVE DEFENSES AND FOR SANCTIONS BALLON STOLL BADER & NADLER, P.C. Attorneys for Defendant Office and Post Office Address, Telephone 729 Seventh Avenue - 17th Floor New York, New York 10019 Tel 212.575-7900 FILED: NEW YORK COUNTY CLERK 02/11/2016 07:09 PM INDEX NO. 652939/2015 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/11/2016 1: undue delay in asserting a right or privilege compare statute of limitations 2 a : a doctrine permitting dismissal of a suit because a plaintiff's unreasonable delay in asserting a right or privilege has been detrimental to the defendant's ability to make a defense (as by resulting in the unavailability of witnesses or evidence) [a suit ...
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government contractor defense, explored in Part I.B; the regulatory compli-ance defense, considered in Part II; and statutes of limitations and repose, examined in Part III. Except for the regulatory compliance defense, the other special defenses are affirmative defenses, such that a products liability claim or separate action); see Siegel & Connors, New York Practice § 510. III. CPLR 201. Application of article [Limitations of Time] Court Upholds Provision Shortening Statute of Limitations to 1 Year Following Completion of Services Rendered under the Agreement In R&B Design Concepts Inc. v. Wenger Const. Co., Inc., 2016 WL