Spain, J.
Plaintiff Nicola Sainato (hereinafter plaintiff), while employed by Hudson River Construction Company, was working in defendant City of Albany with a crew engaged in removing sections of sidewalk with a backhoe when he was struck by a falling streetlight pole. The sidewalk adjacent to the light pole had already been removed and the backhoe was approximately 15 feet away from the pole at the time of the accident. Plaintiff was sweeping debris out of a driveway...
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