Henry v. Devonshire Tire Co.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Giacomo, J.), entered February 14, 2007, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action seeking damages for injuries sustained when he fell from a ladder, based upon common-law negligence and alleged violations of the Labor Law. However, the plaintiff subsequently withdrew all Labor Law claims and proceeded solely upon the cause of action…