Ordered that the order is affirmed, with costs.
The injured plaintiff (hereinafter the plaintiff) allegedly injured one of his fingers while assisting an employee at the defendant's masonry supply store in loading a slab of stone the plaintiff had purchased onto the prongs of a forklift for transport to the plaintiff's vehicle. According to the store employee, the stone weighed approximately 250 pounds. At his deposition, the plaintiff, who did not work in the construction...
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