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STATE SAV. v. CHESTNUT CONSTR. CORP.

199 A.D.2d 493 (1993)

608 N.Y.S.2d 95

State Savings, F.A., Appellant, v. Chestnut Construction Corporation et al., Defendants, and Stephen A. Ceparano, Respondent

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

December 27, 1993

Ordered that the order is affirmed, with costs.

The respondent has raised a triable issue of fact (CPLR 3212). We decline to reach the issues raised by the plaintiff in its brief which are being raised for the first time on appeal (see, Shelton v Shelton, 151 A.D.2d 659

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