Opinion
Argued September 21, 2001.
October 15, 2001.
In an action commenced by motion pursuant to CPLR 3213 for summary judgment in lieu of complaint to enforce a money judgment obtained in the State of Maryland upon the defendant's default in appearing or answering, the defendant appeals from an order of the Supreme Court, Nassau County (Warshawsky, J.), dated November 9, 2000, which granted the motion and denied its cross motion to dismiss the action.
Vincent A. DeIorio, Purchase, N.Y. (Patrick V. DeIorio of counsel), for appellant.
Valerie J. Camacho, Staten Island, N.Y., for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., SONDRA MILLER, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The arguments raised by the defendant on appeal were raised by it in the Supreme Court for the first time in its reply papers. As a result, the plaintiff did not have a fair opportunity to respond to these contentions. Under these circumstances, the arguments are not properly before this court, and need not be addressed (see, Chavez v. Bancker Constr. Corp., 272 A.D.2d 429; Matter of TIG Ins. Co. v. Pellegrini, 258 A.D.2d 658; Matter of Falk v. Village of Scarsdale Zoning Bd. of Appeals, 254 A.D.2d 358; Turkish Airlines v. American Airlines, 249 A.D.2d 463; Pinkston v. Weiss, 238 A.D.2d 393; Galatti v. Alliance Funding Co., 228 A.D.2d 550, 551; Azzopardi v. American Blower Corp., 192 A.D.2d 453). In any event, these contentions are without merit.
KRAUSMAN, J.P., S. MILLER, SCHMIDT and CRANE, JJ., concur.