Order unanimously modified and, as modified, affirmed, with a separate bill of costs to plaintiffs and third-party defendant A & A Fama Welding, in accordance with the following memorandum: In this action for personal injuries arising from an alleged violation of subdivision 1 of section 240 of the Labor Law, Special Term properly granted plaintiff's motion for partial summary judgment on the issue of liability, but erred in denying the cross motion of third-party defendant...
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