DOO WON CHOI v. B.H.N.V. REALTY CORP

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion is denied.

The inconsistent versions of the accident presented by the plaintiff at his examination before trial and in his affidavit raise a question of fact as to his credibility ( see, Xirakis v. 1115 Fifth Ave. Corp., 226 A.D.2d 452; Miller v. Long Is. Light. Co., 166 A.D.2d 564; Donohue v. Elite Assocs., 159 A.D.2d 605) which precludes the granting of summary judgment.

The defendant's contention that it is entitled to summary judgment dismissing the cause of action predicated on Labor Law § 200 is unpreserved for appellate review.

Bracken, J.P., Santucci, Goldstein and Luciano, JJ., concur.