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SHER v. ALLIED BAYVIEW CORP.

207 A.D.2d 536 (1994)

616 N.Y.S.2d 250

Mary Sher et al., Appellants, v. Allied Bayview Corporation, Respondent

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

August 29, 1994

Ordered that the order and judgment is affirmed, with costs.

The plaintiffs' contention that the defendant Allied Bayview Corporation is estopped from denying ownership of the property where she was injured was never raised before the Supreme Court and thus may not be asserted for the first time on appeal (see, Marazzo v Frontier Ins. Co., 189 A.D.2d 755; Reyes v 38 Sickles St. Corp., 188 A...

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