Order unanimously reversed on the law without costs, cross motion denied, motion granted and complaint dismissed.
Memorandum:
Lake Tree Village Associates (Lake Tree) hired A.G. Deacon Enterprises, Inc. (Deacon), to install siding on a building that was under construction. Plaintiff, an employee of Deacon, was injured while carrying a 24-foot scaffold pick on his shoulder from Deacon's truck to the building. He walked on a pile of dirt 4 to 5 feet high that...
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