Rodriguez v. Yonkers Contracting Co.

Appellate Division of the Supreme Court of New York

Rodriguez v. Yonkers Contracting Co.

256 A.D.2d 565, 682 N.Y.S.2d 866, 1998 N.Y. App. Div. LEXIS 14046

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 28, 1998

StatusPublished

This text of 256 A.D.2d 565 (Rodriguez v. Yonkers Contracting Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rodriguez v. Yonkers Contracting Co., 256 A.D.2d 565, 682 N.Y.S.2d 866, 1998 N.Y. App. Div. LEXIS 14046 (N.Y. Ct. App. 1998).

Pincite

Opinion

—In an action to recover damages for personal injuries and wrongful death, the third-party defendant, Certified Fence Corp., appeals from a judgment of the Supreme Court, Westchester County (Bellantoni, J.), entered May 22, 1997, which, upon an agreement of the parties settling the action for $1,500,000, and a jury verdict finding it to be 100% at fault in the happening of the accident and the defendants third-party plaintiffs not to be at fault, is in favor of the plaintiffs and against it in the principal sum of $1,500,000.

Ordered that the judgment is affirmed, with costs to the defendants third-party plaintiffs-respondents.

The appellant’s argument concerning the applicability of the savings clause of the Federal Occupation Health and Safety Act (29 USC § 653 [b] [4]) was not raised before the trial court and is therefore not properly before this Court on appeal (see, CPLR 5501 [a] [3]).

[566]*566The appellant’s remaining contentions are either unpreserved for appellate review or without merit. Ritter, J. P., Thompson, Pizzuto and McGinity, JJ., concur.

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—In an action to recover damages for personal injuries and wrongful death, the third-party defendant, Certified Fence Corp., appeals from a judgment of the Supreme Court, Westchester County (Bellantoni, J.), entered May 22, 1997, which, upon an agreement of the parties settling the action for $1,500,000, and a jury verdict finding it to be 100% at fault in the happening of the accident and the defendants third-party plaintiffs not to be at fault, is in favor of the plaintiffs and against it in the principal sum of $1,500,000.

Ordered that the judgment is affirmed, with costs to the defendants third-party plaintiffs-respondents.

The appellant’s argument concerning the applicability of the savings clause of the Federal Occupation Health and Safety Act (29 USC § 653 [b] [4]) was not raised before the trial court and is therefore not properly before this Court on appeal (see, CPLR 5501 [a] [3]).

[566]*566The appellant’s remaining contentions are either unpreserved for appellate review or without merit. Ritter, J. P., Thompson, Pizzuto and McGinity, JJ., concur.

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Bluebook (online)

256 A.D.2d 565, 682 N.Y.S.2d 866, 1998 N.Y. App. Div. LEXIS 14046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-yonkers-contracting-co-nyappdiv-1998.

Opinion

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