Opinion
2010-1145 S C.
Decided on May 3, 2011.
Appeal from an order of the District Court of Suffolk County, Sixth District (Stephen L. Ukeiley, J.), dated May 10, 2010. The order denied South Shore Neurologic Associates, P.C.'s motion to join a necessary party and to dismiss the proceeding.
ORDERED that the order is affirmed, without costs.
PRESENT: NICOLAI, P.J., MOLIA and IANNACCI, JJ.
In this holdover proceeding brought by a commercial tenant against its subtenant, the subtenant (appellant) moved to join the prime landlord as a necessary party and to dismiss the petition. The District Court denied the motion, and we affirm.
In its brief on appeal, appellant appears to have abandoned all of the arguments that it raised in its initial moving papers and relies instead upon arguments raised for the first time in its reply papers. Arguments raised for the first time in reply papers should not be considered ( e.g. HSBC Bank of Nevada, N.A. v Okocha , 26 Misc 3d 145[A], 2010 NY Slip Op 50451[U] [App Term, 2d, 11th 13th Jud Dists 2010]; Investment Props. Assoc. v Massoud Massoud , 15 Misc 3d 143 [A], 2007 NY Slip Op 51106[U] [App Term, 1st Dept 2007]; Globe Indem. Co. v Mike's Heavy Duty Towing Inc. , 5 Misc 3d 139[A], 2004 NY Slip Op 51634[U] [App Term, 2d 11th Jud Dists 2004]). Thus, appellant has failed to demonstrate on appeal any proper basis for the granting of its motion. Moreover, the grounds asserted by appellant in its initial papers appear to be meritless. We also note that, contrary to appellant's assertion in its brief, appellant did not seek a stay of this proceeding in its notice of motion. Thus, again contrary to appellant's argument, the District Court did not err in failing to grant a stay ( see Arriaga v Laub Co., 233 AD2d 244, 245).
Accordingly, the order denying appellant's motion is affirmed.
Nicolai, P.J., Molia and Iannacci, JJ., concur.