Opinion
November 28, 1994
Appeal from the Supreme Court, Westchester County (Nastasi, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly dismissed the appellants' first counterclaim for damages for fraud. The appellants failed to show that they had reasonably relied on the alleged misrepresentations by the plaintiffs, a necessary element in an action for damages for fraud (see, e.g., 113-14 Owners Corp. v. Gertz, 123 A.D.2d 850; Green v. Liebowitz, 118 A.D.2d 756; 60 N.Y. Jur 2d Fraud Deceit, § 223).
The appellants' remaining contention, that the Supreme Court erroneously dismissed their fourth counterclaim for indemnification, is not properly before this Court because the appellants raised it for the first time in their reply brief (see, Duran v. Heller, 203 A.D.2d 414). Thompson, J.P., Lawrence, O'Brien and Krausman, JJ., concur.