Opinion
2014-12-11
Salim DIARRASSOUBA, etc., et al., Plaintiffs–Appellants, v. CONSOLIDATED EDISON CO. OF NEW YORK INC., Defendant, Harrjoy Realty Inc., Defendant–Respondent.
Ryanne Konan Law Office and Legal Services, Wappingers Falls (Ryanne G. Konan of counsel), for appellants. Ahmuty Demers & McManus, Albertson (Glenn A. Kaminska of counsel), for respondent.
Ryanne Konan Law Office and Legal Services, Wappingers Falls (Ryanne G. Konan of counsel), for appellants. Ahmuty Demers & McManus, Albertson (Glenn A. Kaminska of counsel), for respondent.
SWEENY, J.P., RENWICK, DeGRASSE, CLARK, KAPNICK, JJ.
Order, Supreme Court, New York County (Richard F. Braun, J.), entered July 10, 2013, which granted defendant Harrjoy's motion for summary judgment dismissing the complaint and all cross claims against it, unanimously affirmed, without costs.
As plaintiffs' concede, their argument concerning Harrjoy's compliance with Administrative Code of City of N.Y. § 27–2046.1 was raised for the first time on appeal, and it is, therefore, unpreserved ( see Matter of Angel Fabrics [Cravat Pierre, Ltd.], 51 A.D.2d 951, 952, 381 N.Y.S.2d 497 [1st Dept.1976], lv. denied39 N.Y.2d 711, 387 N.Y.S.2d 1026, 355 N.E.2d 389 [1976] ). This Court may review legal arguments which appear on the face of the record and which could not have been avoided if brought to the other party's attention ( see Vanship Holdings Ltd. v. Energy Infrastructure Acquisition Corp., 65 A.D.3d 405, 408, 884 N.Y.S.2d 24 [1st Dept.2009] ). Here, however, the argument is factual, and the record is insufficient for a determination of this issue.
In any event, the unnattended candle was the proximate cause of the fire that resulted in decedent's death.