Order unanimously reversed on the law without costs and motion granted.
Memorandum:
Claimant appeals from an order denying his motion for partial summary judgment on the issue of the liability of the State of New York pursuant to Labor Law § 240 (1). Claimant, a painter employed by E & E Contractors, fractured both feet in a fall from the top of a box truck while he was engaged in painting a bridge over Route 81. The truck was parked next to the portion...
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