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COJAL, INC. v. DAVIS

143 A.D.2d 799 (1988)

Cojal, Inc., Appellant, v. Lester H. Davis et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 17, 1988

Ordered that the order is affirmed, with costs.

Initially, we note that since the plaintiff failed to raise any issue in the Supreme Court, Suffolk County, with respect to the procedural propriety of the defendants' motion to dismiss the complaint (see, CPLR 3211 [a] [1]) before the Supreme Court, the issues raised with respect thereto on appeal may not serve as a basis for reversal (see, Lang v Cohalan, 127 A.D.2d 17

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