Order unanimously affirmed without costs.
Memorandum:
The issue herein involves the applicability of Labor Law § 200. Plaintiff, a truck driver, was employed by Anastasi Trucking, Inc., a subcontractor on a construction project. He was injured when the dump truck that he was driving hit a pothole on a roadway owned and maintained by the defendant causing plaintiff's head to strike the roof of the truck. At the time of the accident, plaintiff was en route...
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