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HOME SAV. OF AM. v. FAVATA

244 A.D.2d 155 (1997)

663 N.Y.S.2d 848

Home Savings of America, FSB, Respondent, v. Robert Favata et al., Appellants, et al., Defendants

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

November 6, 1997

Appellants' contention that summary judgment was improperly based on inadmissible evidence is improperly raised for the first time on appeal (see, Reynolds v City of New York, 221 A.D.2d 185), and, in any event, without merit. Even if Amoros' plea allocution were disregarded, appellants' own submissions, which establish that defendant firm, in the ordinary course of its business, received trust funds from plaintiff that were...

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