at each blind spot prevents eye and mind from anticipating what's next; there's a continuous absence of a sense of where you are, where you've been, and where you're going.
In this model, corresponding to each step [s.sub.i] of a transaction, except the last, the application developer specifies a counterstep [c.sub.i].
Researchers have variously introduced the notions of transaction steps, countersteps, allowed versus prohibited interleavings of steps, and implementations in locking environments.
1984) ("Although respondents did not raise this issue [duty to obey] in the courts below, a new argument may be raised for the first time in the Court of Appeals if it could not have been obviated or cured by factual showings or legal countersteps in the court of first instance."); De Sapio v.
1969)) ("[W]e lack jurisdiction to review unpreserved issues in the interest of justice [but could consider an unpreserved issue] if it could not have been avoided by factual showings or legal countersteps had it been raised below....
which could not have been obviated [or cured] by factual showings or legal countersteps
if it had been raised below." (65) He also reminded the court that "appellate [courts do not] sit as automatons, merely to register their reactions to the arguments which counsel had made [in the lower courts]," because if they did, "[t]he fortunes of litigation might then turn, not on the merits of a case, but on the skill or prescience of counsel in the court of first instance." (66)
No party should prevail on appeal, given an unimpeachable showing that he had no case in the trial court." (47) In 2003, the court stated that only "with rare exception" will it review a question "raised for the first time on appeal." (48) It noted a rule for new issues: "A new issue--even a pure law issue--may be reached on appeal only if it could not have been avoided by factual showings or legal countersteps
had it been raised below." (49)
Telaro, 25 N.Y.2d 433, 439, 255 N.E.2d 158, 160, 306 N.Y.S.2d 920, 924 (1969) (new point will not be considered if it might have been avoided or countered "by factual showings or legal countersteps
" had it been raised below).