HENDERSON v. MARDEN CONSTR. CORP.


62 Misc.2d 940 (1970)

Sam Henderson, Jr., Respondent, v. Marden Construction Corp. et al., Appellants, et al., Defendants.

Supreme Court, Appellate Term, Second Department.

February 11, 1970


Attorney(s) appearing for the Case

Zweibel & Foster (William F. Larkin and Jerome D. Cohen of counsel) for Marden Construction Corp., appellant. Mele & Cullen (Russell B. Greaves of counsel), for John Di Blasi, appellant. Garry G. Blaustein for respondent.

Concur — GROAT, P. J., RINALDI and CONE, JJ.


Per Curiam.

Plaintiff adduced no evidence of specific acts or omissions which would constitute negligence on the part of the defendants. Although the doctrine of res ipsa loquitur is now asserted in support of the judgment, the case was not submitted to the jury upon this theory and therefore it cannot be invoked for the first time on appeal (Meyers v. Grand Union Co., 30 A.D.2d 704). The interests of justice...

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