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ELEZAJ v. P.J. CARLIN CONSTR. CO.

225 A.D.2d 441 (1996)

639 N.Y.S.2d 356

Akija Elezaj, Respondent, v. P.J. Carlin Construction Company et al., Defendants, F & V Mechanical Plumbing & Heating Corp., Appellant, and Todino Sewer & Water Service, Inc., Appellant-Respondent, et al., Third-Party Plaintiff. Fred Todino & Sons, Inc., et al., Third-Party Defendants-Appellants. F & V Mechanical Plumbing & Heating Corp., Third Third-Party Plaintiff-Appellant, v. Fred Todino & Sons, Inc., Third Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 21, 1996

Plaintiff's version of this construction site accident in which he was injured is, for purposes of this appeal, undisputed. As testified to at his deposition, plaintiff, an employee of Fred Todino, was excavating a ditch that at the time was 8 to 9½ feet deep. The dirt removed from the ditch or trench was put into a "bucket" that was part of a truck or crane. The "crane" was a backhoe machine with a "bucket" that was actually...

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