Ordered that the order is affirmed, with one bill of costs.
The plaintiff was an employee of the third-party defendant Hayim & Company (hereinafter Hayim), a carpet warehouse located on premises owned by the defendant Twenty-Four Twenty-Six Main Street Associates. Hayim stored the carpets on shelves comprised of metal frames with plywood shelves, which were between 10 to 12 feet high. It was the plaintiff's duty to load and unload carpets from these shelves, and...
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