Legal Opinion
Robinson v. Donald C. Swanson, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 20, 1994PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered July 23, 1992, which granted the defendants’ motion for summary judgment dismissing the complaint.
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,…
2Cases cited4 opinions
- Fresh Pond Road Associates v. Estate of SchachtAppellate Division of the Supreme Court of the State of New York · 1986
- Kramer v. Interboro Mutual Indemnity InsuranceAppellate Division of the Supreme Court of the State of New York · 1991
- Modica v. ZergebelAppellate Division of the Supreme Court of the State of New York · 1988
- Niblock v. NiblockAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by4 opinions
- BTJ Realty, Inc. v. CaradonnaAppellate Division of the Supreme Court of the State of New York · 2009
- Best Court Reporting Service, Inc. v. MGM Court Reporting Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Bydeskuthy v. Hanover InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
- Hansen v. MaineAppellate Division of the Supreme Court of the State of New York · 1996