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MATTER OF BIRNBAUM v. FORD MOTOR CO.

182 A.D.2d 524 (1992)

In the Matter of Victoria Birnbaum, as Executrix of Saul Birnbaum, Deceased, Appellant, v. Ford Motor Company, Respondent

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

April 16, 1992

In this "Lemon Law" case (General Business Law § 198-a) we decline to review petitioner's sole argument on appeal that the arbitrator denied petitioner's decedent due process, since the argument is raised for the first time on appeal and might have been factually countered by respondent had it been raised before the IAS court (see, City of New York v Stack, 178 A.D.2d 355). In any event, were we to review the argument...

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