Appellate Division of the Supreme Court of New York, 2000

Schramm v. Jacobs

Schramm v. Jacobs
Appellate Division of the Supreme Court of New York · Decided November 13, 2000
277 A.D.2d 991; 716 N.Y.S.2d 342; 2000 N.Y. App. Div. LEXIS 11648
Schramm v. Jacobs

Opinion of the Court

—Order *992unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Galloway, J.). We add only that plaintiffs’ contention that the submissions of defendant Michael Jacobs, M.D. in support of his motion for summary judgment were conclusory and thus insufficient to satisfy his initial burden is raised for the first time on appeal. That contention therefore is not properly before us (see, Oram v Capone, 206 AD2d 839; Ciesinski v Town of Aurora, 202 AD2d 984, 985). (Appeal from Order of Supreme Court, Monroe County, Galloway, J. — Summary Judgment.) Present— Pine, J. P., Wisner, Balio and Lawton, JJ.

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