Ordered that the order is affirmed, with costs.
The plaintiff Glenn Scorza was injured when he fell approximately eight feet from a scaffold, when the plank he was standing on broke. The Supreme Court granted the plaintiffs' motion for partial summary judgment as to liability on the causes of action pursuant to Labor Law § 240 (1), (3) and we now affirm. Evidence by the defendant that Scorza placed a rotten plank on the scaffold, when he was told to use a safe...
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