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SUNUN v. KLEIN

Index Nos. 111995/11, 590721/12, 590163/13. Appeal No. 12363. Case No. 2020-01042.

188 A.D.3d 507 (2020)

135 N.Y.S.3d 386

2020 NY Slip Op 06471

Enrique Sunun, Also Known as Enrique Garcia Sunun, Respondent-Appellant, v. Beth Klein et al., Appellants-Respondents, and T. Collins Electrical Contracting Corp., Respondent. Beth Klein et al., Third-Party Plaintiffs-Appellants-Respondents, v. Cedar Design, Inc., Third-Party Defendant-Respondent. Beth Klein et al., Second Third-Party Plaintiffs-Appellants-Respondents, v. T. Collins Electrical Contracting Corp., Second Third-Party Defendant-Respondent.

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

Decided November 12, 2020.

Plaintiff was allegedly injured when he stepped on an area of ground that had been excavated to create a trench, and then backfilled with soil, during an earlier phase of the construction project. The area was not guarded after it was backfilled. Plaintiff testified that his leg sank into the ground up to the middle of his thigh, and a coworker who was present at the time corroborated that after plaintiff was extracted from the hole, there was mud present on his leg that...

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