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ECCLESTON v. NEW YORK CITY HEALTH AND HOSPITAL CORPORATION

279 A.D.2d 447 (2001)

718 N.Y.S.2d 861

JERMAINE ECCLESTON, by His Mother and Natural Guardian, CLAUDETTE ECCLESTON, et al., Respondents, v. NEW YORK CITY HEALTH AND HOSPITAL CORPORATION, Appellant.

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

Decided January 8, 2001.

Ordered that the order is affirmed, with costs.

Initially, the defendant's contention that the Supreme Court had no authority to sever the plaintiffs' claims for those damages which this Court directed to be retried (see, Eccleston v New York City Health & Hosp. Corp., 266 A.D.2d 426), is unpreserved for appellate review because that contention was never raised before the Supreme Court (see, Trinity Petroleum Sys....

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