The action is for wrongful death of a window cleaner who had apparently fallen — there were no eyewitnesses — from a window in defendant's hotel, partially obstructed by an air conditioner and side panels, in violation of rule 21.6 of the Industrial Code (12 NYCRR 21.6 [a] [2]). An earlier trial on the issue of liability resulted in dismissal of the complaint at the close of plaintiff's case. We reversed (
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