ROSE, J.
Plaintiff worked at a construction site installing sewer pipe in an excavated trench. When he got down on his hands and knees to inspect the grade at the bottom of the trench, a portion of the side wall of the trench collapsed, burying him in clay. He commenced this action alleging violations of, among other things, Labor Law § 241 (6). After joinder of issue and discovery, defendants moved for summary judgment dismissing the complaint and plaintiff...
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