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Robinson v. Swanson

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 1994
205 A.D.2d 678 (N.Y. App. Div. 1994)

Opinion

June 20, 1994

Appeal from the Supreme Court, Westchester County (Donovan, J.).


Ordered that the order is affirmed, with costs.

The plaintiff's present and sole contention that the defendant was negligent in his exercise of control over the collapsed ceiling pursuant to the legal theory of res ipsa loquitur was not raised in the trial court and is not properly before this Court on appeal (see, Matter of Niblock v. Niblock, 181 A.D.2d 825; Kramer v. Interboro Mut. Indem. Ins. Co., 176 A.D.2d 308, 309; Modica v. Zergebel, 140 A.D.2d 414; Fresh Pond Rd. Assocs. v Estate of Schacht, 120 A.D.2d 561). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.


Summaries of

Robinson v. Swanson

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 1994
205 A.D.2d 678 (N.Y. App. Div. 1994)
Case details for

Robinson v. Swanson

Case Details

Full title:MARTIN ROBINSON, Appellant, v. DONALD C. SWANSON, INC., et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 20, 1994

Citations

205 A.D.2d 678 (N.Y. App. Div. 1994)
614 N.Y.S.2d 313

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