AKIJA ELEZAJ, & C., RESPONDENT-APPELLANT, v. THE P.J. CARLIN CONSTRUCTION CO., ET AL., DEFENDANTS, F & V MECHANICAL PLUMBING & HEATING CORP., RESPONDENT, TODINO SEWER & WATER SERV., INC., APPELLANT-REPONDENT.
(and third-party actions)

89 N.Y.2d 992, 679 N.E.2d 638, 657 N.Y.S.2d 399 (1997).
March 20, 1997

John J. Wrenn, for Appellant-Respondent Fred Todino.
Sean J. Geoghan, for Appellant-Respondent Todino Sewer.
Martin S. Rothman, for Respondent-Appellant.
Martin M. McGlynn, for Respondent F & V Mechanical.

MEMORANDUM:

The order of the Appellate Division should be affirmed, without costs, and the certified question answered in the affirmative. The central argument urged on this appeal -- that the Industrial Code provisions relied upon by plaintiff are too general to support a cause of action under Labor Law § 241 (6) (see, Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 502-505) -- was not preserved for our review. Although the Appellate Division properly could reach the argument in the exercise of its discretion, "[t]his Court has no power to review either the unpreserved error or the Appellate Division's exercise of discretion in reaching that issue" (Feinberg v Saks & Co., 56 NY2d 206, 210-211). The remaining arguments of the parties are without merit.

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Order affirmed, without costs, and certified question answered in the affirmative, in a memorandum. Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Decided March 20, 1997