Judgment unanimously reversed on the law without costs, partial summary judgment granted to defendant dismissing plaintiffs' cause of action under Labor Law § 240 (1) and trial granted on liability only on remaining causes of action. Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by plaintiff Michael Smerka (plaintiff) while working as a boilermaker for Combustion Engineering, Inc., at defendant's plant. As plaintiff was walking...
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