CS PLUMBING INC v. White Plains Nissan, Inc., etc., Defendant-Appellant.

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Supreme Court, Appellate Division, First Department, New York.

CS PLUMBING, INC., et al., Plaintiffs-Respondents, v. ACTION NISSAN, INC., et al., Defendants, White Plains Nissan, Inc., etc., Defendant-Appellant.

Decided: March 24, 2009

SAXE, J.P., FRIEDMAN, SWEENY, RENWICK, FREEDMAN, JJ. Richard Weiss, New Rochelle, for appellant. Mitchell Silberberg & Knupp, New York (Lauren J. Wachtler of counsel), for respondents.

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered September 13, 2007, which, inter alia, granted plaintiffs' motion to be released from further obligations to make payments on a leased vehicle, unanimously affirmed, with costs.

At the hearing on the subject application, all defendants were represented and their counsels were present and were served with the papers upon which plaintiffs sought relief.   The transcript of proceedings shows that neither appellant, nor any of the other defendants, at any time requested leave to file opposing papers, objected to the entry of the relief granted by the motion court or preserved any objections.   Thus, appellants' objections to the court's order are improperly raised for the first time on this appeal and unpreserved for our review (see Prendergast v. City of New York, 44 A.D.3d 414, 415, 843 N.Y.S.2d 256 [2007], lv. denied 9 N.Y.3d 818, 852 N.Y.S.2d 14, 881 N.E.2d 1201 [2008], cert. denied 128 S.Ct. 2516, 128 S.Ct. 2516, 171 L.Ed.2d 789 [2008] ).

Were we to consider appellants' contentions, we would find them unavailing.