ASSOC. TEXTILE RENTAL SERV v. XEROX CORP

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated at Supreme Court, Monroe County (Stander, J.). We add only that we do not address plaintiff's contention that defendant breached the implied covenant of good faith and fair dealing because that contention is raised for the first time on appeal ( see Commercial Tenant Servs. v. First Union Natl. Bank, 305 A.D.2d 210, 211; Merchants Bank of N.Y. v. Stahl, 269 A.D.2d 236).