Order modified, on the law, by deleting the provision thereof which denied that branch of the third-party defendant's motion for summary judgment which was to dismiss the cause of action which alleges a violation of Labor Law § 240, and substituting therefor a provision granting that branch of the motion. As so modified, order affirmed, without costs or disbursements.
On April 13, 1980, the plaintiff John Ross and his father William Ross, both roofers, were erecting...
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