Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
In April 2015, the plaintiff Miguel Lima, while working on a construction site in Manhattan, allegedly was injured when he was struck by a section of a caisson pipe that was being cut with a blow torch by a coworker. Lima testified at his deposition that a strap was tied around the pipe and connected to the bucket of a backhoe excavator to prevent the pipe...
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