WILLIAM J. GIACOMO, J.
On September 1, 2000, plaintiff, then 45 years old, was impaled by a steel bar from his scrotum to L2 on his spinal cord resulting in paraplegia and other associated complications. The resulting Labor Law §240 case, Miraglia v. H & L Holding Corp., was tried before a jury in Supreme Court, Bronx County (the "Trial Court") bearing Index No. 25228/2000.
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