Ordered that the appeal by Phillip Farinacci is dismissed, without costs or disbursements, as he is not aggrieved by the portion of the order appealed from (see CPLR 5511); it is further,
Ordered that the order is affirmed insofar as appealed from by the defendant Silver Oak USA, Ltd.; and it is further,
Ordered that one bill of costs is awarded to the respondents.
The injured plaintiff, while engaged in the construction of a retaining wall...
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