| M & W Registry, Inc. v Shah |
| 2007 NY Slip Op 10115 [46 AD3d 771] |
| December 18, 2007 |
| Appellate Division, Second Department |
| M & W Registry, Inc., Respondent, v Darshan Shah,Appellant, et al., Defendants. (And Another Title.) |
—[*1] Ryan S. Karben, Monsey, N.Y., for respondent.
In an action, inter alia, to recover damages for breach of contract, the defendant DarshanShah appeals from (1) an order of the Supreme Court, Kings County (Schmidt, J.), datedFebruary 9, 2007, which denied the motion by the plaintiff's attorney to withdraw as counsel forthe plaintiff, and (2) an order of the same court dated February 13, 2007, which, among otherthings, granted those branches of the plaintiff's motion which were to amend the complaint andvacate the note of issue.
Ordered that the appeal from the order dated February 9, 2007 is dismissed, without costs ordisbursements, as the defendant was not aggrieved thereby (see CPLR 5511); and it isfurther,
Ordered that the appeal from the order dated February 13, 2007, is dismissed as abandoned(see 22 NYCRR 670.8 [e]), without costs or disbursements.
In his brief on appeal, the defendant raises no argument addressed to the issues contained inthe order dated February 13, 2007. Hence, he has abandoned his appeal from that order (seePoughkeepsie-Highland R.R. Bridge Co. v Central Hudson Gas & Elec. Corp., 278 AD2d468, 470 [2000]). The defendant's argument that the complaint should have been dismissed wasnot properly [*2]raised before the motion court and thusappropriately was not addressed in the order dated February 9, 2007 (see CPLR 2215;Thomas v Drifters, 219 AD2d 639, 640 [1995]; cf. New York State Div. of Human Rights v Oceanside Cove II Apt. Corp.,39 AD3d 608, 609 [2007]; Khaolaead v Leisure Video, 18 AD3d 820, 821 [2005]).Accordingly, any arguments concerning that issue are not properly before this Court. Crane, J.P.,Ritter, Fisher, Covello and Dickerson, JJ., concur.