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ROBINSON v. DONALD C. SWANSON, INC.

205 A.D.2d 678 (1994)

614 N.Y.S.2d 313

Martin Robinson, Appellant, v. Donald C. Swanson, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 20, 1994

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., ...

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