Opinion
November 27, 1995
Appeal from the Supreme Court, Suffolk County (Lama, J.).
Ordered that the order is affirmed, with costs.
The record supports the Supreme Court's determination that the plaintiff failed to meet her burden of proof with respect to the provisional seizure of the horse pursuant to CPLR 7101 and 7102 and a preliminary injunction enjoining the transfer of the horse (see, East Side Car Wash v K.R.K. Capitol, 102 A.D.2d 157, 161; Aetna Ins. Co. v Capasso, 75 N.Y.2d 860, 862).
The plaintiff's argument concerning a bailment for the mutual benefit of the parties is raised for the first time on appeal and is, therefore, unpreserved for appellate review (see, Synder v Newcomb Oil Co., 194 A.D.2d 53, 61). Mangano, P.J., Balletta, Copertino and Hart, JJ., concur.