Opinion
June 20, 1994
Appeal from the Supreme Court, Westchester County (Donovan, J.).
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, 181 A.D.2d 825; Kramer v. Interboro Mut. Indem. Ins. Co., 176 A.D.2d 308, 309; Modica v. Zergebel, 140 A.D.2d 414; Fresh Pond Rd. Assocs. v Estate of Schacht, 120 A.D.2d 561). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.