Mercure, J. P.
Plaintiff sustained the injuries forming the basis for this action while performing construction work in July 1991. At that time, plaintiff was using a pavement breaker equipped with a moil point supplied by defendant to break up concrete on the deck of a bridge. While plaintiff was so engaged, the moil point broke, allegedly causing the machine to jerk and drive directly into plaintiff's foot. The complaint pleads causes of action sounding in negligence...
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