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JOHNSTON v. CONTINENTAL BROKER-DEALER CORP.

287 A.D.2d 546 (2001)

731 N.Y.S.2d 666

NANCY M. JOHNSTON, Respondent, v. CONTINENTAL BROKER-DEALER CORP., Appellant.

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

Decided October 15, 2001.

Ordered that the order is affirmed, with costs.

The arguments raised by the defendant on appeal were raised by it in the Supreme Court for the first time in its reply papers. As a result, the plaintiff did not have a fair opportunity to respond to these contentions. Under these circumstances, the arguments are not properly before this Court, and need not be addressed (see, Chavez v Bancker Constr. Corp., 272 A.D.2d 429; ...

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