The Appellate Division will not decide an issue based on a position that was not argued, either on appeal or below. Resolving disputes in such a manner would be impractical and an obstacle to the orderly administration of justice. While dispositive legal arguments may be raised for the first time on appeal, the arguments must actually be raised.
938 St. Nicholas Ave. Lender LLC v. 936-938 Cliffcrest Hous. Dev. Fund Corp., NY Slip Op 05052 (1st Dep't September 23, 2025)
