Order unanimously reversed on the law without costs, cross motion granted and complaint dismissed.
Memorandum:
Supreme Court erred in denying defendant's cross motion for summary judgment dismissing the complaint. Plaintiff, an employee of third-party defendant, was injured when he was struck by a sewer pipe on premises owned by defendant. On the day of the accident, plaintiff was installing sewer pipes in a trench approximately 13 feet deep. The sewer pipes...
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