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FINKLE v. A.J. ECKERT COMPANY, INC.

11 A.D.3d 794 (2004)

783 N.Y.S.2d 110

TED FINKLE, Appellant-Respondent, v. A.J. ECKERT COMPANY, INC., Respondent-Appellant.

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

October 21, 2004.

Carpinello, J.

In May 2000, defendant was the general contractor on a university construction project. Plaintiff's employer was a subcontractor hired to excavate a trench and install an underground heat tunnel. Plaintiff was allegedly injured when he fell approximately nine feet to the bottom of a 12-foot deep trench. According to plaintiff, at the time of the accident, he was entering the trench via a concrete conduit that was located

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