Swan v. Eastman Kodak Co.

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered January 7, 2004 in a personal injury action. The order denied plaintiffs motion for partial summary judgment on the issue of liability and granted defendant’s cross motion for summary judgment dismissing the complaint.

*1099It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action to recover damages for injuries that he sustained when he struck his head on the handle of a valve in the industrial plant in which he…