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YOUNG v. TSENG

23 A.D.3d 552 (2005)

804 N.Y.S.2d 259

GINA YOUNG et al., Respondents, v. JOHNSON TSENG et al., Appellants. (Action No. 1.) L&Y DEVELOPMENT LLC, Plaintiff, and GINA YOUNG, Respondent, v. T.C. FOOD IMPORT & EXPORT CO., INC., et al., Appellants. (Action No. 2.)

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

November 21, 2005.

Ordered that the order is affirmed, with costs.

Since the defendants could have raised their fraud argument on a prior appeal, they waived appellate review of that argument (see EIFS, Inc. v Morie Co., 298 A.D.2d 551 [2002]; Duffy v Holt-Harris, 260 A.D.2d 595 [1999]).

With the exception of their fraud argument, the defendants' remaining contentions are based upon matter...

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