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KIM v. K.Y.W. ENTER. CORP.

Index No. 155768/13. Appeal No. 13153N. Case No. 2020-03528.

191 A.D.3d 530 (2021)

138 N.Y.S.3d 337

2021 NY Slip Op 00998

Tyler Kim, Respondent, v. K.Y.W. Enterprise Corp., Appellant.

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

Decided February 16, 2021.

Attorney(s) appearing for the Case

Law Office of Vincent S. Wong, New York ( Michael Brand of counsel), for appellant.

Law Office of Stephen H. Palitz, New York ( Stephen H. Palitz of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Webber, Oing, Mendez, JJ.

Plaintiff could not use the motion in limine as a vehicle for partial summary judgment striking the seventh affirmative defense (see Downtown Art Co. v Zimmerman, 232 A.D.2d 270, 270 [1st Dept 1996]). Plaintiff's other argument to strike this affirmative defense based on CPLR 4401 is improperly raised for the first time on appeal, and we decline to consider it (see Matter of Trafelet...

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