Ordered that the order is modified by (1) deleting the provision thereof which, sua sponte, granted partial summary judgment to the plaintiffs on the issue of liability based upon a violation of Labor Law § 241, and (2) deleting the provision thereof which granted that branch of the cross motion which was for partial summary judgment in favor of the defendant third-party plaintiff Yonkers Contracting, Inc., and against the appellant on the cause of action in the...
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