Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendant allegedly was negligent in failing to provide barricades, cones, or lighting around its excavation site in the street. However, "[e]vidence of negligence is not enough by itself to establish liability. It must also be proved that the negligence was [a] cause of the event which produced the harm sustained by one who brings the complaint"...
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