It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Plaintiff commenced this action to recover damages for the conscious pain and suffering and wrongful death of decedent, who was struck and killed by a vehicle operated by defendant John A. Malark at the site of a highway reconstruction project on which defendant Accadia Enterprises, Inc. (Accadia) was the general contractor. Supreme...
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