Opinion
CA 03-00976.
December 31, 2003.
Appeal from an order of Supreme Court, Monroe County (Stander, J.), entered November 6, 2002, which denied plaintiff's motion for summary judgment, granted defendant's cross motion for summary judgment and dismissed the complaint.
LACY, KATZEN, RYEN MITTLEMAN, LLP, ROCHESTER (RICHARD GLEN CURTIS OF COUNSEL), FOR PLAINTIFF-APPELLANT.
NIXON PEABODY LLP, ROCHESTER (ROBERT B. CALIHAN OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Before: PRESENT: PINE, J.P., WISNER, HURLBUTT, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: We affirm for reasons stated at Supreme Court, Monroe County (Stander, J.). We add only that we do not address plaintiff's contention that defendant breached the implied covenant of good faith and fair dealing because that contention is raised for the first time on appeal ( see Commercial Tenant Servs. v. First Union Natl. Bank, 305 A.D.2d 210, 211; Merchants Bank of N.Y. v. Stahl, 269 A.D.2d 236).