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DORFMAN v. MID-TOWN REALTY CORP.

309 A.D.2d 538 (2003)

765 N.Y.S.2d 318

INGRID DORFMAN et al., Respondents, v. MID-TOWN REALTY CORP., Appellant, and SERGE ELEVATOR CO., INC., Respondent.

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

Decided October 7, 2003.

Appellant's argument that the complaint should have been dismissed for lack of medical proof substantiating plaintiff's claim of psychological injuries is improperly raised for the first time on appeal, and we decline to consider it (see Simpson v Bronx Cross County Med. Group, 288 A.D.2d 109, 110 [2001]). While appellant's motion for summary judgment expressed some scepticism about...

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