Claimant laborer was injured on a state-owned construction site and asserts a claim under Labor Law § 241 (6), premised on a violation of Industrial Code (12 NYCRR) § 23-8.1 (f) (5), which provides that "[m]obile cranes, tower cranes and derricks shall not hoist, lower, swing or travel while any person is located on the load or hook." He testified that he was standing on top of a concrete box that had been unloaded from a flatbed truck to the ground by a crane....
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