SHER v. SCOTT


203 A.D.2d 274 (1994)

609 N.Y.S.2d 351

Eric Sher et al., Appellants, v. Joyce Scott, Respondent

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

April 4, 1994


Ordered that the order is affirmed, with costs.

The plaintiffs' assertion that the Supreme Court improperly considered the unsigned deposition of the defendant in denying their motion for summary judgment is unpreserved for appellate review as the issue was not raised before the Supreme Court (see, Rich v Lefkovits, 56 N.Y.2d 276; Brown Plastics Mach. v Rolex Plastics, 191 A.D.2d 537

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