Nonparty appellant Zanani appeals from an order of the Civil Court of the City of New York, New York County (Barbara Jaffe, J.), entered October 17, 2006, which denied his motion to amend a judgment previously entered against respondent Massoud & Massoud.

PER CURIAM

Order (Barbara Jaffe, J.), entered October 17, 2006, affirmed, with $10 costs.

The court properly denied appellant's motion to amend the judgment in the underlying nonpayment proceeding to add Lisa Pashkoff and Ahmed Massoud as respondents therein since they were neither named nor served in the proceeding (see Achtziger v Fuji Copian Corp., 299 AD2d 946, 947 [2002]; see also Tally v 885 Real Estate Associates, 11 AD3d 242 [2004]). "This is not a case where a party is misnamed ...; rather it is a case where [appellant] seeks to add or substitute a party [respondent]" (Jordan v Lehigh Construction Group, Inc., 259 AD2d 962 [1999]). Appellant's argument that respondent Massoud & Massoud was not a bona fide partnership, raised for the first time in its reply papers below, is not properly considered (see Ritt v Lenox Hill Hospital, 182 AD2d 560, 562 [1992]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. [*2]
Decision Date: May 31, 2007