Ordered that the order is modified, on the law, by deleting the provision thereof which denied the defendant's cross motion for summary judgment dismissing the plaintiff's complaint to the extent it alleged a cause of action under Labor Law § 240 (1), and substituting therefor a provision granting the cross motion; as so modified, the order is affirmed, with costs to the defendant.
The plaintiff was injured when he was hit in the hand by an unsecured wooden pallet...
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