State Savings v. Chestnut Construction Corp.

Full title: STATE SAVINGS, F.A., Appellant, v. CHESTNUT CONSTRUCTION CORPORATION et…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 27, 1993

199 A.D.2d 493 (N.Y. App. Div. 1993)

608 N.Y.S.2d 95

Opinion

December 27, 1993

Appeal from the Supreme Court, Suffolk County (Brown, J.).

Ordered that the order is affirmed, with costs.

The respondent has raised a triable issue of fact (CPLR 3212). We decline to reach the issues raised by the plaintiff in its brief which are being raised for the first time on appeal (see, Shelton v Shelton, 151 A.D.2d 659). Bracken, J.P., Balletta, O'Brien and Pizzuto, JJ., concur.