Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Richard N. Ames v. Robert James Shute

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 30, 2011

RICHARD N. AMES,
PLAINTIFF-RESPONDENT,
v.
ROBERT JAMES SHUTE,
DEFENDANT-APPELLANT.

Appeal from a judgment of the Supreme Court, Onondaga County (Anthony J. Paris, J.), rendered June 8, 2010.

Ames v Shute

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 30, 2011

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.

The judgment, inter alia, confirmed the report of the Referee and ordered a foreclosure and sale.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from a judgment of foreclosure and sale, defendant contends for the first time on appeal that, inter alia, the mortgage loan documents should be construed together with a joint venture agreement between plaintiff, defendant and a nonparty. Inasmuch as defendant failed to raise that contention at Supreme Court, it is not properly before us (see Ciesinski v Town of Aurora, 202 AD2d 984, 985). In any event, we have considered the merits of defendant's contentions that are raised for the first time on appeal and conclude that they are without merit. Entered: December 30, 2011 Frances E. Cafarell Clerk of the Court

20111230

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.