Appeal from an order of the Civil Court of the City of New York, Kings County (Kathryn E. Freed, J.), entered November 30, 2009, deemed from a judgment of the same court entered February 25, 2010 (see CPLR 5501 [c]).
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on November 17, 2011
PRESENT: STEINHARDT, J.P., PESCE and WESTON, JJ
The judgment, entered pursuant to the November 30, 2009 order granting the branches of defendant Blue Chip Contracting Ltd.'s motion for summary judgment seeking the dismissal of the complaint as against it and $4,000 on its second counterclaim, awarded defendant Blue Chip Contracting Ltd. the principal sum of $4,000.
ORDERED that the judgment is affirmed, without costs.
Plaintiff alleges, for the first time on appeal, that respondent Blue Chip Contracting Ltd. caused $13,000 in damage to his property. As these allegations are dehors the record, and plaintiff fails to raise any other issue in his appellate brief, the judgment is affirmed.
Steinhardt, J.P., Pesce and Weston, JJ., concur.
Decision Date: November 17, 2011
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