Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred by denying plaintiffs' motion for partial summary judgment under Labor Law § 240 (1). The uncontroverted facts in the record reveal that plaintiff Joel J. Howell was injured when he fell approximately 35 feet to the ground from a scaffold on which he was performing masonry work. The evidence established that the scaffold suddenly...
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