Order unanimously affirmed, with costs.
Memorandum:
Defendant-appellant contends that plaintiff's complaint fails to state a cause of action in negligence and should be dismissed. We agree that the action does not sound in negligence but we do not find that fatal. Defendant is the general contractor and plaintiff is a subcontractor who did work on property owned by the State. Plaintiff asserts that defendant had responsibility for shoring in connection with...
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