JOHNSTON v. CONTINENTAL BROKER-DEALER CORP

ORDERED that the order is affirmed, with costs.

The arguments raised by the defendant on appeal were raised by it in the Supreme Court for the first time in its reply papers. As a result, the plaintiff did not have a fair opportunity to respond to these contentions. Under these circumstances, the arguments are not properly before this court, and need not be addressed (see, Chavez v. Bancker Constr. Corp., 272 A.D.2d 429; Matter of TIG Ins. Co. v. Pellegrini, 258 A.D.2d 658; Matter of Falk v. Village of Scarsdale Zoning Bd. of Appeals, 254 A.D.2d 358; Turkish Airlines v. American Airlines, 249 A.D.2d 463; Pinkston v. Weiss, 238 A.D.2d 393; Galatti v. Alliance Funding Co., 228 A.D.2d 550, 551; Azzopardi v. American Blower Corp., 192 A.D.2d 453). In any event, these contentions are without merit.

KRAUSMAN, J.P., S. MILLER, SCHMIDT and CRANE, JJ., concur.