AMES v. SHUTE, 2011 NY Slip Op 09702 (2011)
Court: Supreme Court of New York
Number: innyco20120130248
Visitors: 17
Filed: Dec. 30, 2011
Latest Update: Dec. 30, 2011
Summary: It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs. Memorandum: On appeal from a judgment of foreclosure and sale, defendant contends for the first time on appeal that, inter alia, the mortgage loan documents should be construed together with a joint venture agreement between plaintiff, defendant and a nonparty. Inasmuch as defendant failed to raise that contention at Supreme Court, it is not properly before us ( see Ciesinski v Town of Aurora, 202 A
Summary: It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs. Memorandum: On appeal from a judgment of foreclosure and sale, defendant contends for the first time on appeal that, inter alia, the mortgage loan documents should be construed together with a joint venture agreement between plaintiff, defendant and a nonparty. Inasmuch as defendant failed to raise that contention at Supreme Court, it is not properly before us ( see Ciesinski v Town of Aurora, 202 A...
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It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: On appeal from a judgment of foreclosure and sale, defendant contends for the first time on appeal that, inter alia, the mortgage loan documents should be construed together with a joint venture agreement between plaintiff, defendant and a nonparty. Inasmuch as defendant failed to raise that contention at Supreme Court, it is not properly before us (see Ciesinski v Town of Aurora, 202 A.D.2d 984, 985). In any event, we have considered the merits of defendant's contentions that are raised for the first time on appeal and conclude that they are without merit.
Source: Leagle
