The plaintiff contends that the submissions of the building defendants and the purchaser defendants were insufficient to demonstrate that the building defendants complied with various notice requirements prior to the auction transferring the plaintiff's proprietary lease and shares of stock in the subject apartment. This contention, however, was not raised in opposition to the separate motions of the building defendants and the purchaser defendants. Instead, the plaintiff improperly raised this contention for the first time on appeal, and, therefore, it is not properly before the Appellate Division.
Cobb v. 1710 Carroll Owners Corp., NY Slip Op 05324 (2d Dep't October 20, 2024)