Manning v. Curtice-Burns, Inc.

Appeal from an order of the Supreme Court, Monroe County (Robert J. Lunn, J.), entered June 24, 2003. The order denied plaintiffs motion for partial summary judgment on liability.

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

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when a can fell off a pallet and struck him around his left ankle, and now appeals from an order denying his motion for partial summary judgment on liability pursuant to the doctrine of res ipsa loquitur. At the time of…