Grimaldi v. Spievogel

—Judgment, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered on or about November 28, 2001, which, upon a jury verdict in defendants’ favor, dismissed the complaint in this action to recover for personal injuries pursuant to Labor Law §§ 200 and 241 (6), unanimously affirmed, without costs.

By withdrawing his motion for mistrial and/or a continuance and specifically choosing to proceed with the trial represented by the same attorney, plaintiff waived any subsequent argument that a mistrial should have been granted. In any event, were the issue properly preserved, we would find…