Ordered that the order is reversed insofar as appealed from, on the law, with costs, the plaintiffs' motion is granted, and the motion of the third-party defendant is denied.
The plaintiff Joseph Van Eken (hereinafter Van Eken), an employee of the third-party defendant, Roadway Contracting Incorporated (hereinafter RCI), was working in an excavation trench that was approximately 16 to 18 feet deep, as part of a steam main project for the defendant third-party plaintiff...
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