State Savings v. Chestnut Construction Corp.
This text of 199 A.D.2d 493 (State Savings v. Chestnut Construction Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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Cite This Page — Counsel Stack
199 A.D.2d 493, 608 N.Y.S.2d 95, 1993 N.Y. App. Div. LEXIS 12351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-savings-v-chestnut-construction-corp-nyappdiv-1993.