Defendant's argument that the second amended bill of particulars is a nullity is unpreserved since it is raised for the first time on appeal. However, because it is a legal issue appearing on the face of the record which could not have been avoided if it had been timely raised, it is reviewable on appeal.
Di Giulio v. New York City Tr. Auth., NY Slip Op 04037 (1st Dep't June 25, 2026)
