In contending that their motion for summary judgment to dismiss the complaint should have been granted, defendants argue that there were reasonable grounds for detaining plaintiff. However, in initially making their motion this issue was not raised before Supreme Court. It is therefore not properly before this court and may not be considered for the first time on appeal (see, Rohdie v Michael Guidice, Inc., 132 A.D.2d 541; Soto v Frank's Beer Soda, 128 A.D.2d 604). An examination of the record before us contains nothing to merit consideration of this issue in the interest of justice (see, Peoples Commercial Bank v Greene Distrib., 149 A.D.2d 774).
Casey, J.P., Weiss, Mikoll, Crew III and Harvey, JJ., concur. Ordered that the order is affirmed, with costs.