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Ames v. Shute

Supreme Court, Appellate Division, Fourth Department, New York.
Dec 30, 2011
90 A.D.3d 1629 (N.Y. App. Div. 2011)

Opinion

2011-12-30

Richard N. AMES, Plaintiff–Respondent, v. Robert James SHUTE, Defendant–Appellant.

Appeal from a judgment of the Supreme Court, Onondaga County (Anthony J. Paris, J.), rendered June 8, 2010. The judgment, inter alia, confirmed the report of the Referee and ordered a foreclosure and sale.Woodruff Lee Carroll, Syracuse, for defendant–appellant. Richard N. Ames, Fayetteville, plaintiff–respondent pro se.


Appeal from a judgment of the Supreme Court, Onondaga County (Anthony J. Paris, J.), rendered June 8, 2010. The judgment, inter alia, confirmed the report of the Referee and ordered a foreclosure and sale.Woodruff Lee Carroll, Syracuse, for defendant–appellant. Richard N. Ames, Fayetteville, plaintiff–respondent pro se.

MEMORANDUM:

On appeal from a judgment of foreclosure and sale, defendant contends for the first time on appeal that, inter alia, the mortgage loan documents should be construed together with a joint venture agreement between plaintiff, defendant and a nonparty. Inasmuch as defendant failed to raise that contention at Supreme Court, it is not properly before us ( see Ciesinski v. Town of Aurora, 202 A.D.2d 984, 985, 609 N.Y.S.2d 745). In any event, we have considered the merits of defendant's contentions that are raised for the first time on appeal and conclude that they are without merit.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, and SCONIERS, JJ., concur.


Summaries of

Ames v. Shute

Supreme Court, Appellate Division, Fourth Department, New York.
Dec 30, 2011
90 A.D.3d 1629 (N.Y. App. Div. 2011)
Case details for

Ames v. Shute

Case Details

Full title:Richard N. AMES, Plaintiff–Respondent, v. Robert James SHUTE…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Dec 30, 2011

Citations

90 A.D.3d 1629 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 9702
936 N.Y.S.2d 586

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