Opinion
May 11, 1949.
Appeal from Columbia County.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Santry, JJ.
The parties separated in May, 1947, and the first demand for payment was made the following month, more than fifteen years after the date of the last note. No payment of principal or interest had ever been made. Under the laws of the State of New York the Statute of Limitations is a defense that must be specifically pleaded and proven. The answer in the instant case is deficient in this respect. Under the circumstances of this case presentment under section 131 of the Negotiable Instruments Law was made within a reasonable time. Judgment unanimously affirmed, with costs.