Order modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying plaintiff's motion for partial summary judgment on liability on the Labor Law § 240 (1) cause of action and in granting defendants' cross motion for summary judgment dismissing that cause of action. Donald Smith (plaintiff) was injured when a payloader's hydraulically operated bucket malfunctioned while it was positioning a mobile...
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