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BAKER v. TOWN OF NISKAYUNA

506822

69 A.D.3d 1016 (2010)

891 N.Y.S.2d 749

2010 NY Slip Op 45

RAYMOND BAKER, Appellant, v. TOWN OF NISKAYUNA et al., Respondents.

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

Decided January 7, 2010.

Lahtinen, J.

Plaintiff was employed by Gallo Construction Company, which had contracted with defendant Town of Niskayuna to construct a sewer project in the Town. Defendant LaBerge Engineering & Consulting Group, Ltd. was the Town's engineer for the project and it had a representative on the site. In late December 2004, plaintiff was working in a trench dug for the project which was six to seven feet wide and 10 to 12 feet deep. A safety device known as a trench...

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