Ordered that the judgment is reversed, on the law, the interlocutory judgment and order are vacated, the defendant's motion to dismiss so much of the claim as is based on Labor Law § 240 (1) is granted, and the claimants' cross motion for summary judgment on the issue of liability is denied; and it is further,
Ordered that the claim is remitted to the Court of Claims for a de novo determination of the issues of liability pursuant to Labor Law § 200 (1) and...
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