Administrative Code of the City of New York § 27-1031 (b) (1) provides that an excavator's duty to "preserve and protect" adjoining structures applies when the excavation exceeds a depth of 10 feet from curb level, and there is strong indication that plaintiff Cohen's predecessor did in fact excavate to a depth triggering the aforementioned excavator's obligations. We cannot, however, agree with defendant-appellant that the excavator's duty to "preserve and protect"...
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