It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint. Plaintiffs' contention that the motion was premature "is raised for the first time on appeal and therefore is not properly before us" (Bradley v Benchmark Mgt. Corp.,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.