Tokio Marine & Fire Insurance v. Abdor-Florida, Inc.

In an action for contractual indemnification, the defendants appeal from an order of the Supreme Court, Orange County (McGuirk, J.), dated April 10, 2005, which granted the plaintiffs’ motion for summary judgment.

Ordered that the order is affirmed, with costs.

The defendants’ contentions are improperly raised for the first time on appeal and therefore are not properly before this Court (see Neuman Distribs. v Jacobi Med. Ctr., 298 AD2d 568 [2002]; see also Matter of Pennino, 289 AD2d 248 [2001]; Weber v Jacobs, 289 AD2d 226 [2001]). Contrary to the defendants’ assertions, the issues raised for…