When plaintiff's appeal was first before this court, the judgment appealed from was modified on the law by reversing only so much thereof as dismissed the cause of action which alleged a violation of subdivision 6 of section 241 of the Labor Law and the third-party complaint. A new trial was ordered in regard to this cause of action in which the sole liability issues were stated to be: "(1) whether the defendant breached its duty under subdivision 6 of section 241 of the...
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