Opinion
February 10, 1999
Appeal from Judgment and Order of Supreme Court, Erie County, Gorski, J. — Summary Judgment.
Present — Denman, P. J., Pine, Pigott, Jr., Callahan and Balio, JJ.
Judgment and order unanimously affirmed with costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Gorski, J.). We add only that the record on appeal does hot support plaintiff's assertion that the issue of the applicability of the doctrine of res ipsa loquitur is preserved for our review ( see, Robinson v. Donald C. Swanson, Inc., 205 A.D.2d 678). In any event, the doctrine is not applicable to the facts of this case. Plaintiff failed to demonstrate that "`it is more likely than not' that the injury was caused by defendant[s'] negligence" ( Kambat v. St. Francis Hosp., 89 N.Y.2d 489, 494, quoting Restatement [Second] of Torts § 328 D, comment e).