Morgan v. Rosselli

*418In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated December 12, 2003, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the motion which were for summary judgment dismissing the causes of action based on Labor Law § 200 and common-law negligence and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed,…