Plaintiffs’ argument based on Real Property Law § 223-b, entitled "Retaliation by landlord against tenant”, cannot be entertained, since made for the first time on appeal, and is, in any event, without merit, since plaintiffs never claimed damages for a retaliatory eviction in any of the three actions, and there has never been a determination that the towing of their vehicles was a retaliatory eviction for their efforts to secure *677rights under a lease (compare, Kumble v Windsor Plaza Co., 161 AD2d 259, lv denied 76 NY2d 709). All that has been determined is that defendants’ towing of plaintiffs’ vehicles was in violation of Real Property Law § 232-a and RPAPL 711.