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Antoine v. Borrocas

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 2002
293 A.D.2d 558 (N.Y. App. Div. 2002)

Opinion

2001-07835

Submitted March 18, 2002.

April 15, 2002.

In a consolidated action to recover damages for slander and negligence, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), dated August 2, 2001, as upon granting her motion for summary judgment dismissing the cause of action to recover damages for slander, failed to dispose of the cause of action to recover damages for negligence.

Perez Furey, Uniondale, N.Y. (John W. Quinn of counsel), for appellant.

Wolfe, Romano Joyce, LLP, Melville, N.Y. (David H. Berkowitz and Glenn S. Riegler of counsel), for respondent.

Before: GABRIEL M. KRAUSMAN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, THOMAS A. ADAMS, JJ.


ORDERED that the order is affirmed insofar as appealed from, with costs.

The defendant moved for summary judgment dismissing the complaint insofar as asserted against her. However, in her motion papers, she limited her arguments to the cause of action alleging slander. The defendant's arguments regarding dismissal of the negligence cause of action are raised for the first time on appeal, and we decline to consider them (see Belcastro v. Hewlett-Woodmere Union Free School Dist., 286 A.D.2d 744; Gatz v. Otis Ford, 262 A.D.2d 280).

KRAUSMAN, J.P., GOLDSTEIN, McGINITY and ADAMS, JJ., concur.


Summaries of

Antoine v. Borrocas

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 2002
293 A.D.2d 558 (N.Y. App. Div. 2002)
Case details for

Antoine v. Borrocas

Case Details

Full title:ANDY ANTOINE, respondent, v. CAROL BORROCAS, appellant

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

Date published: Apr 15, 2002

Citations

293 A.D.2d 558 (N.Y. App. Div. 2002)
740 N.Y.S.2d 223

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