Mercure, J.
Plaintiffs commenced this action to recover for injuries sustained by plaintiff Jerry Daniels (hereinafter plaintiff) when the wall of an excavated trench collapsed upon him as the result of defendants' alleged violation of (as relevant here) Labor Law §§ 200 and 241 (6). At the time of the incident, plaintiff was acting within the scope of his employment as a laborer for R&S Construction Company, an excavating subcontractor on a construction...
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