Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiff's motion for partial summary judgment on the Labor Law § 240 (1) cause of action. On the date of the accident, plaintiff, an employee of third-party defendant, was spreading and tamping down fill on the ground inside a horseshoe-shaped cement block wall. While on his way to lunch, plaintiff stepped up approximately...
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