State Savings v. Chestnut Construction Corp.
199 A.D.2d 493, 608 N.Y.S.2d 95, 1993 N.Y. App. Div. LEXIS 12351
Appellate Division of the Supreme Court of the State of New York·Decided December 27, 1993·Published
Opinion
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Brown, J.), dated June 21, 1991, which denied its motion for summary judgment.
Ordered that the order is affirmed, with costs.
The respondent has raised a triable issue of fact (CPLR 3212). We decline to reach the issues raised by the plaintiff in its brief which are being raised for the first time on appeal (see, Shelton v Shelton, 151 AD2d 659). Bracken, J. P., Balletta, O’Brien and Pizzuto, JJ., concur.
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State Savings v. Chestnut Construction Corp., 199 A.D.2d 493, 608 N.Y.S.2d 95, 1993 N.Y. App. Div. LEXIS 12351 (N.Y. Ct. App. 1993).
199 A.D.2d 493 (State Savings v. Chestnut Construction Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Shelton v. Shelton
151 A.D.2d 659 (Appellate Division of the Supreme Court of New York, 1989)