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MACHADO v. CITY OF NEW YORK

304 A.D.2d 626 (2003)

758 N.Y.S.2d 165

JOSE MACHADO, Respondent, v. CITY OF NEW YORK, Appellant, et al., Defendants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 14, 2003.

Ordered that the order is affirmed, with costs.

On August 27, 1996, the 23-year-old plaintiff, a construction worker employed by the third-party defendant Techno Construction Company, was working in an excavation ditch located on Willowbrook Road in Richmond County when a trench wall collapsed on him, causing him to be completely buried and trapped under debris. He obtained summary judgment against the defendant City of New York on the issue of liability pursuant...

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