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CMAYLO v. GEICHMAN

175 A.D.2d 150 (1991)

James Cmaylo, Respondent, v. Abraham Geichman et al., Appellants

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

July 8, 1991

Ordered that the order is affirmed, with costs.

The defendants' claim that the agreement sued upon is not an instrument for the payment of money only pursuant to CPLR 3213 is not preserved for appellate review since it was not raised in the Supreme Court (see, Abacus Real Estate Fin. Co. v P.A.R. Constr. & Maintenance Corp., 115 A.D.2d 576, 577). In any event, the agreement, which provided for the unconditional...

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