Cojal, Inc. v. Davis

— In an action, inter alia, for specific performance of a contract for the sale of real property, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Orgera, J.), entered December 4, 1987, which granted the defendants’ motion pursuant to CPLR 3211 (a) (1) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

Initially, we note that since the plaintiff failed to raise any issue in the Supreme Court, Suffolk County, with respect to the procedural propriety of the defendants’ motion to dismiss the complaint (see, CPLR 3211 [a] [1]) before the Supreme…