Turner v. Garten Foods

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, Suffolk County (Henry, J.), dated December 22, 2004, as granted that branch of the motion of the defendant, Garten Foods, doing business as Barefoot Contessa, which was for summary judgment dismissing so much of the cause of action against it as alleged a violation of Labor Law § 240 (1).

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly sustained injury in the process of removing duct work at…