Ordered that the order is affirmed, with costs.
The plaintiff was employed in the construction of a tunnel and was injured when a railroad car, also called a "muck car", derailed inside the tunnel and partially crushed him against another muck car. The plaintiff asserted, inter alia, a cause of action to recover damages under Labor Law § 240 (1), based upon the fact that when the muck car derailed, it had a vertical fall of 5½ inches.
Labor...
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