Opinion
December 28, 1998
Appeal from the Supreme Court, Westchester County (Bellanoni, J.).
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 U.S.C. § 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]).
The appellant's remaining contentions are either unpreserved for appellate review or without merit.
Ritter, J. P., Thompson, Pizzuto and McGinity, JJ., concur.