Ordered that the order is reversed, on the law, with costs, and the motion is granted.
The claimant's decedent was employed by a company that contracted with the State of New York to paint highway overpasses. The decedent was standing on top of an elevated lift truck to paint the underside of an overpass when the truck toppled and threw him to the pavement, causing severe head injuries that resulted in his death.
On a claim pursuant to Labor Law § 240...
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