On remand, and ten years after a serious car accident, defendants raised for the first time the affirmative defenses of N.J.S.A. 52:17C-10 (9-1-1 dispatcher immunity) and N.J.S.A. 59:5-4 (failure to provide police protection). We concluded that the judge erred by (1) failing to resolve whether defendants waived the new defenses; and (2) dismissing the complaint relying on Royster v. N.J. State Police, 439 N.J. Super. 554 (App. Div. 2015), aff'd as modified, 227 N.J. 482 (2017) (dismissing a claim under the Americans with Disabilities Act).