Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff was injured in a sewer trench when he was struck by a shoring beam, which became dislodged while he was backfilling the trench. The plaintiff asserted that he was not given any time to move away or to get out of the trench before his coworker began hoisting a support panel, causing the shoring beam to become dislodged.
The defendant contends that the...
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