Opinion
November 15, 1991
Appeal from the Supreme Court, Monroe County, Affronti, J.
Present — Callahan, A.P.J., Boomer, Pine, Balio and Lawton, JJ.
Order unanimously affirmed without costs. Memorandum: Plaintiffs contend, for the first time on appeal, that Supreme Court erred in failing to grant partial summary judgment directing defendant McGuire to redeliver stock certificates to LaserSurge, Inc., in exchange for the sum of $700 per share. That issue was not preserved for our review and we decline to reach it (see, Nemia v. Nemia, 124 A.D.2d 407, lv denied 69 N.Y.2d 611; Fuller v. Martin, 109 A.D.2d 1060). The record reveals that issues exist on the remaining contentions raised by plaintiffs and also with respect to the questions raised by defendant on his request for partial summary judgment. Thus, Supreme Court properly denied each party's request for summary judgment.