ROBBINS v. EMERY

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.

We agree with the Supreme Court that the defendants Valerie Diehl and Daniel Dugan raised triable issues of fact sufficient to defeat the cross motion of Jimmie Eugene Emery and Nicholas Emery (hereinafter the appellants). The appellants waived any objection to the competency of the submissions made in opposition to their cross motion by failing to challenge them before the Supreme Court. Accordingly, their objection cannot be raised for the first time on appeal (see, Mackenzie v. Rothschild, 267 App. Div. 989 ;Republic Chem. Corp. v. United Sterling Corp., 205 Misc. 730, 732, affd 281 App. Div. 1018 ).

BRACKEN, J.P., SANTUCCI, ALTMAN, FRIEDMANN, and H. MILLER, JJ., concur.