Order unanimously reversed on the law without costs and motion denied.
Memorandum:
Supreme Court erred in granting plaintiffs' motion for partial summary judgment on liability under Labor Law § 240 (1). Erskin Morris (plaintiff) was an employee of third-party defendant, which had contracted to perform work for defendant. Plaintiff testified that, on the day of the accident, he was assigned to assist in the dismantling of equipment from defendant's premises...
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