Ordered that the judgment is affirmed, with costs.
The sole issue on appeal is the propriety of the trial court's granting of the respondent's motion for judgment as a matter of law on the issue of liability. The respondent was injured when he was struck in the back by a large container being transported on a jack operated by an employee of the defendant. The employee claimed that the respondent saw him approaching, moved out of the way, and then somehow moved back...
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