Wicks v. Leemilt's Petroleum, Inc.

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Cozzens, Jr., J.), entered January 21, 2011, as denied his cross motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1), and for leave to supple*794ment his bill of particulars to allege that the circumstantial evidence permits an inference of the defendants’ negligence under the doctrine of res ipsa loquitur, and granted that branch of the motion of the defendants…