Reynolds v. City of New York

—Judgment, Supreme Court, New York County (Jane Solomon, J.), entered May 31, 1994, bringing up for review an order of the same court and Justice entered on or about April 28, 1994, which dismissed the City of New York’s third-party complaint and any cross claims against the third-party defendants, unanimously affirmed, without costs.

The City’s contention that summary judgment was improperly based on inadmissible evidence is improperly raised for the first time on appeal, and, in any event, is without merit. *186Contrary to defendant’s claim, the statement in the offending driver’s MV-104 report…