GATZ v. OTIS FORD, INC.


262 A.D.2d 280 (1999)

691 N.Y.S.2d 113

MARK GATZ, Appellant, v. OTIS FORD, INC., Respondent.

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

Decided June 1, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff's contention that partial summary judgment on the third counterclaim seeking damages for defamation was unwarranted because his statements and/or publications were true or constituted expressions of pure opinion is raised for the first time on appeal. Accordingly, this contention is unpreserved for appellate review (see, Nelson v Times Sq. Stores Corp., 110...

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