Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting defendant's motion for summary judgment dismissing the Labor Law § 241 (6) cause of action. That cause of action is based upon a violation of 12 NYCRR 23-2.2 (a), which sets forth methods by which forms, shores and reshores used in concrete work must be made structurally safe, i.e., by requiring them to "be properly...
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