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CALLISTO PHARMACEUTICAL, INC. v. PICKER

2808, 601914/07.

74 A.D.3d 545 (2010)

903 N.Y.S.2d 370

CALLISTO PHARMACEUTICAL, INC., Appellant, v. DONALD H. PICKER, Respondent.

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

Decided June 15, 2010.

The motion court correctly granted defendant summary judgment dismissing the third and fourth causes of action alleging fraud and conversion, respectively. Plaintiff failed to oppose defendant's motion on these causes of action and we decline to review the arguments presented for the first time on appeal (see e.g. Kohn v City of New York, 69 A.D.3d 463 [2010]). Were we to consider the merits of these two causes of action, we...

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