Ordered that the order is affirmed, with costs.
On August 9, 2007, the plaintiff, a longshoreman, was operating a modified tractor, referred to as a "hustler," with a modified flatbed, deemed a "red bird," attached to it. The plaintiff's task was to receive shipping containers, which were lifted from a ship and dropped onto his red bird by a ship-to-shore gantry crane. The plaintiff allegedly was injured when a container being lowered onto his red bird came into contact...
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