Ordered that the order is affirmed, with costs.
On January 17, 2001, the plaintiff Jozef Tylutki (hereinafter the plaintiff), was struck and injured by a falling piece of sprinkler pipe while engaged in the demolition of a building. The accident occurred when the plaintiff's coworker hit a section of pipe with a hammer causing the pipe to fall striking the plaintiff in the face. It is undisputed that no protective device designed to catch the falling pieces of pipe...
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