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JUSTIN v. ORSHAN

14 A.D.3d 492 (2005)

788 N.Y.S.2d 407

EREIN JUSTIN, Appellant, v. STEVEN ORSHAN, Respondent, et al., Defendants. ARTHUR TRUST, Nonparty Respondent.

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

January 10, 2005.

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

The plaintiff's contention that CPLR 1024 applies under the circumstances of this case was improperly raised for the first time in her reply papers (see McCarthy v City of New York, 5 A.D.3d 445, 446 [2004]; Medugno v City of Glen Cove, 279 A.D.2d 510, 511-512 [2001]) and, in any event, is without merit. In...

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