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Michael P. Speach, Plaintiff, v. Richard A. Bouchard et al., Defendants and Third-Party Plaintiffs-Appellants. Town of Schroeppel et al., Third-Party Defendants-Respondents

New York Supreme Court, Appellate Division2001-09-28
286 A.D.2d 998731 N.Y.S.2d 426

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Opinion

majority opinion

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of third-party defendants, Town of Schroeppel (Town) and Neil Candee, the Town’s employee, seeking summary judgment dismissing the third-party complaint for contribution (see, Guereschi v Bouchard, 286 AD2d 997 [decided herewith]). The contention of third-party plaintiffs that the Town and Candee are liable pursuant to General Municipal Law §§ 50-a and 50-b for the negligence of Candee is raised for the first time on appeal and therefore is not properly before us (see, Ciesinski v Town of Aurora, 202 AD2d 984, 985). (Appeal from Order of Supreme Court, Oswego County, Nicholson, J. — Summary Judgment.) Present — Wisner, J. P., Hurlbutt, Scudder, Kehoe and Burns, JJ.