ALTSHULER SHAHAM PROVIDENT v. GML TOWER

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court ( Altshuler Shaham Provident Funds, Ltd. v GML Tower LLC, 28 Misc 3d 475). We add only that we do not address plaintiffs contention that the 2007 Loan Agreement was a preliminary agreement that expired before the mortgage at issue was filed. That contention is raised for the first time on appeal and "`could have been obviated or cured by factual showings or legal countersteps'" in Supreme Court ( Oram v Capone, 206 AD2d 839, 840).