Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of defendant's motion for summary judgment dismissing the Labor Law § 240(1) cause of action and in granting partial summary judgment to plaintiff on that cause of action. Plaintiff, an employee of third-party defendant, was injured while moving a 250-pound tamper-plate machine, a device used to compact earth...
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