Oliveri v. Oliveri
Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), dated September 8, 1997, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff failed to demonstrate that the defendant’s
The plaintiffs contention that he is entitled to recovery on a theory of res ipsa loquitur is raised for the first time on appeal and is therefore not properly before this Court (see, Lerman v Medical Assocs., 160 AD2d 838; Orellano v Samples Tire Equip. & Supply Corp., 110 AD2d 757). Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.