Judgment unanimously reversed, on the law and facts, without costs, and a new trial granted.
Memorandum:
A new trial on the question of violation of subdivision 1 of section 240 of the Labor Law is required only because the trial court erred in permitting testimony to be introduced concerning alleged habits of workmen on the construction site in regard to drinking on the job. Although habit testimony may be admissible in certain limited circumstances, such...
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