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EMMONS v. CITY OF NEW YORK

283 A.D.2d 244 (2001)

725 N.Y.S.2d 29

DANA EMMONS et al., Respondents, v. CITY OF NEW YORK, Respondent, and MILFORD PLAZA HOTEL, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 15, 2001.

Appellant's argument that it should not be held liable for the negligence of its independent contractor is inappropriately presented for the first time on appeal (see, Recovery Consultants v Shih-Hsieh, 141 A.D.2d 272, 276), and we decline to review it. In any event, the argument would be unavailing under the facts here present. Although one retaining an independent contractor generally...

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