Opinion
2005-151 KC.
Decided March 9, 2006.
Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Marie Jimenez, J.), dated October 14, 2004, deemed (see CPLR 5520 [c]) from the final judgment entered pursuant thereto on the same date. The final judgment awarded possession to landlord.
Final judgment affirmed without costs.
PRESENT: PESCE, P.J., WESTON PATTERSON and RIOS, JJ.
Since the undertenant-appellant, Deborah H. Abrahams, never moved in the court below to vacate the stipulation, the arguments that she presents, for the first time on appeal, in support of such vacatur cannot be considered. In any event, the arguments lack merit ( see Matinzi v. Joy, 60 NY2d 835; Eckstein v. New York Univ., 270 AD2d 208; Merwest Realty Corp. v. Prager, 264 AD2d 313).
Pesce, P.J., Weston Patterson and Rios, JJ., concur.