We conclude that plaintiff failed to raise an issue of fact by submission of his own deposition testimony wherein he stated that he could not recall whether he was wearing a seat belt, and similar testimony of a paramedic. Plaintiff argues that the police report submitted by Honda in support of its motion is not admissible evidence; that argument is raised for the first time on appeal, and we do not consider it (see, Arvantides v Arvantides, 106 A.D.2d 853, 854, mod on other grounds 64 N.Y.2d 1033). We further conclude that the court properly dismissed the breach of warranty cause of action as time barred (see, Heller v U.S. Suzuki Motor Corp., 64 N.Y.2d 407, 412). Plaintiff argues that dismissal of that cause of action is premature because defendants are in exclusive possession of facts pertaining to possible warranties of future performance.