Fazekas v. Teledyne, Inc. , 538 N.Y.S.2d 749 ( 1989 )

— Motion for reargument of appeal denied. Memorandum: The issue of collateral estoppel was not properly before us because it was not raised in the answer or in the motion papers (see, CPLR 3211 [a] [5]; [e]). Present — Dillon, P. J., Callahan, Doerr, Denman and Boomer, JJ.