Rodrigues v. Village of Ossining

In an action to recover damages for wrongful death, etc., the plaintiff Joseph Rodrigues appeals from an order of the Supreme Court, Westchester County (DiBella, J.), entered November 24, 2009, which granted the motion of the defendant R. Barlaam for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is affirmed, with costs.

John Paul Rodrigues (hereinafter the decedent) allegedly died as a result of injuries sustained after he fell from the sanitation truck upon which he was working. The plaintiffs commenced this action alleging, inter alia, that…