In Knight v. State of New York (177 Misc 2d 181), Judge Francis T. Collins writing in June 1998, denied the State's motion to amend its answer to include an affirmative defense that the court lacked jurisdiction due to untimely filing. Judge Collins also revisited the history and statutory intent of chapter 625 of the Laws of 1990, holding that: "To permit an already waived time limitation or manner of service defense to be interposed through the device of an amended answer would not only be contrary to the underlying purpose of section 11 (c) but would be of no practical effect given the express language prohibiting dismissal of the claim once the defenses are waived (see, Nasuf Constr. Corp. v. State of New York, 185 AD2d 305). As a result, this court holds that a defense once waived pursuant to Court of Claims Act 11 (c) may not later be asserted in an amended pleading." (Knight at 184.) In Knight (supra) the court was reviewing a motion to amend the answer, an application made after expiration of the 40 day period to amend as of right ( CPLR 3025 [a]; 22 NYCRR 206.7 [b]), and Judge Collins properly denied the application.