Ross v. Nestle Prepared Foods Co.

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered October 7, 2004. The order granted the motion of defendant Nestle Prepared Foods Company, Inc. to dismiss the amended complaint against it.

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

Memorandum: Plaintiff, an employee of Nestle Prepared Foods Company, Inc. (defendant), commenced this action seeking damages for injuries he sustained while cleaning a machine at work. Supreme Court properly granted the motion of defendant seeking…