Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiffs' motion which were for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1) and for dismissal of the second affirmative defense of the Workers' Compensation Law asserted in the defendant's answer are granted.
The plaintiff, Stephen J. Bernardo, was injured on March 10, 1986, when he allegedly fell from a defective...
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