Defendants (Con Ed) made out a prima facie case of entitlement to summary judgment by submitting the deposition testimony of several individuals who were present at the accident location, none of whom knew how plaintiff sustained injury. They did not see the Con Ed vehicle run over plaintiff's foot, nor did they observe any displacement of the 8 to 12 orange cones set up around plaintiff's truck as he threaded a length of gas pipe held in a vise attached to the rear of the...
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