The recent NY appellate case Waterfall Victoria Master Fund, Ltd v. Dingilian serves as yet another reminder that it is usually essential to preserve an argument by first raising the issue before the trial court:
Waterfall Victoria Master Fund, Ltd v. Dingilian, 2012 NY Slip Op 01372 (N.Y. App. 1st Dept. 2012)
Here it seems that the defendant belatedly raised Mr. Roper's favored hearsay argument as to the plaintiff's affidavit of merit, but did so for the first time on appeal. If only the defendants had read Mr. Roper's Forum threads and applied the principles in their summary judgment response!