An issue of fact as to whether Con Ed's cut extended through the crosswalk to the accident site is raised by the photos submitted by plaintiff in opposition to the motion showing a filled trench near the hole. Although it cannot be determined from the photos whether Con Ed made the trench, neither can it be determined, as Con Ed noted in its brief, whether "the trench is one continuous excavation." Absent evidence that the trench was made by a contractor unaffiliated with...
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