Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied the cross motion of plaintiffs for partial summary judgment on their Labor Law § 240 (1) cause of action against defendant City of Lockport. There is a question of fact whether the injuries of Richard Stypick (plaintiff) resulted from a fall from an elevated work site (see generally, Ross v Curtis-Palmer Hydro...
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