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WEISS v. MOBIL CORPORATION

258 A.D.2d 907 (1999)

689 N.Y.S.2d 671

ANNE M. WEISS, Appellant, v. MOBIL CORPORATION et al., Respondents. JAMES LUTZ, Individually and Doing Business as LUTZ MOBIL and/or LUTZ BROTHERS, Third-Party Plaintiff, v. LIBBEY GLASS CO., Third-Party Defendant-Respondent.

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

Decided February 10, 1999.

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 not 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...

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