Order unanimously reversed on the law without costs and motion denied.
Memorandum:
Supreme Court erred in granting defendant's motion for summary judgment dismissing plaintiff's complaint alleging a violation of Labor Law § 241 (6). Defendant failed to establish as a matter of law that plaintiff was not engaged in construction work at the time of his accident (see, 12 NYCRR 23-1.4 [b] [13]; Lozo v Crown Zellerbach Corp.,
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