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DEUTSCHE BANK NATIONAL TRUST COMPANY v. SHIMON

2010-07481.

84 A.D.3d 861 (2011)

921 N.Y.S.2d 909

DEUTSCHE BANK NATIONAL TRUST COMPANY, Respondent, v. MOSHE SHIMON, Appellant, et al., Defendants.

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

Decided May 10, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant's contention that the branch of the plaintiff's motion which was for summary judgment on the complaint insofar as asserted against him should have been denied as premature (see CPLR 3212 [f]) is raised for the first time on appeal and, therefore, is not properly before us (see Aglow Studios, Inc. v Karlsson, 83 A.D.3d 747 [2d Dept...

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