Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Michael Kavanaugh (plaintiff) was injured when he slipped on a plank that served as a temporary stairway into the house where plaintiff was working. Supreme Court improperly granted plaintiffs' motion for partial summary judgment on liability on the Labor Law § 240 (1) cause of action and should have granted that part of the cross motion of defendant...
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