Marillo v. Benjamin Moore & Co.

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), dated June 23, 2005 in a personal injury action. The order, among other things, granted that part of plaintiffs cross motion seeking a determination that the law of New York applies to the action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

*1314Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained when he was unloading a tanker truck at a manufacturing facility operated by defendant Benjamin Moore & Co., Ltd. in Ontario,…