Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff, a dump truck driver employed by third-party defendant Mawhiney Trucking, Inc. commenced this action to recover damages for personal injuries he sustained in a work-related accident. Plaintiff backed his truck down an earthen ramp at a clay pit owned by defendant Wheatfield Properties Co. (Wheatfield), to the location where the truck was to be...
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