Sher v. Allied Bayview Corp.

Full title: MARY SHER et al., Appellants, v. ALLIED BAYVIEW CORPORATION, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 29, 1994

207 A.D.2d 536 (N.Y. App. Div. 1994)

616 N.Y.S.2d 250

Opinion

August 29, 1994

Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).

Ordered that the order and judgment is affirmed, with costs.

The plaintiffs' contention that the defendant Allied Bayview Corporation is estopped from denying ownership of the property where she was injured was never raised before the Supreme Court and thus may not be asserted for the first time on appeal (see, Marazzo v. Frontier Ins. Co., 189 A.D.2d 755; Reyes v. 38 Sickles St. Corp., 188 A.D.2d 518). In any event, we find this claim to be without merit. Nor have the plaintiffs demonstrated the existence of any genuine issues of material fact so as to warrant the denial of the defendant's motion. Sullivan, J.P., Miller, O'Brien and Krausman, JJ., concur.