Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion is denied.
The claimant Dennis Kelly was injured when he fell while descending into a thirty-feet-deep excavation at a construction site where he was employed. The injured claimant initially sought to descend into the excavation via an extension ladder, but the ladder proved to be defective. He then attempted to descend via metal I-beams or walers which had been...
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