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ADAMS v. O'CONNOR

245 A.D.2d 537 (1997)

666 N.Y.S.2d 497

John Q. Adams et al., Appellants, v. Francis O'Connor et al., Respondents

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

December 29, 1997

Ordered that the judgment is affirmed, with costs.

The plaintiffs' contention that the Supreme Court improperly considered evidentiary material on the defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) is improperly raised for the first time on appeal. In any event, it is without merit (see, Rovello v Orofino Realty Co., 40 N.Y.2d 633, 636). The court did not notify the parties that it was treating...

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