It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum:
Plaintiffs commenced this Labor Law and common-law negligence action seeking damages for injuries sustained by Joseph Carroll (plaintiff) when the excavator near which he was standing swivelled to pick up a manhole cover, whereupon the counterweight of the shovel arm struck plaintiff's shoulder. As limited by their brief, plaintiffs contend that Supreme...
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