Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Louis Fazzolari (plaintiff) was injured when he fell from scaffolding during the construction of a water treatment facility. Defendant City of Niagara Falls (City) contracted with defendant O'Brien-Kreitzberg & Associates, Inc. (OKA) to act as the construction manager on the project. OKA appeals from an order of Supreme Court that, inter alia,<...
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