Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff established his entitlement to partial summary judgment on the issue of liability under Labor Law § 240 (1). The plaintiff was required to walk across a plank that had been placed across a three-feet-deep trench at a construction site. While walking across the plank carrying a hose over his shoulder, the plank became dislodged and the plaintiff fell, sustaining...
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