Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: John Panattoni (plaintiff) was injured when he was struck by a section of a sewer pipe that was being lowered by a backhoe into a trench in which he was standing. The pipe was attached to the backhoe by a strap or choke collar, which broke; the pipe fell and struck plaintiff on the leg, knocking him to the ground. Supreme Court granted plaintiffs' motion...
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