Order unanimously reversed, on the law, without costs, and appellant's motion granted.
Memorandum:
Plaintiff, an employee of Shea-Kiewit Construction Company, was injured when he was struck by rock falling from the ceiling of a sewer tunnel being constructed by his employer for the Rochester Pure Waters District (District). He was standing on the platform of a tunnel-boring machine 12 inches above the floor of the tunnel. He brought two actions which were...
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