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LEON v. MENDONCA

7 A.D.3d 345 (2004)

775 N.Y.S.2d 864

WASHINGTON LEON, Appellant, v. IONE MENDONCA ET AL., Respondents.

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

May 13, 2004.

Plaintiff's argument that defendants, as landlords, breached a general duty of care to keep their premises in safe condition, as required by section 78 of the Multiple Dwelling Law, was expressly waived in plaintiff's bill of particulars, and is improperly raised for the first time on appeal. Accordingly, we decline to consider it (see Aviles v Crystal Mgt., 253 A.D.2d 607, 608 [1998], ...

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