Order unanimously reversed on the law without costs, motion denied, cross motion granted and Labor Law § 240 (1) cause of action dismissed.
Memorandum:
Supreme Court erred in granting plaintiff's motion for partial summary judgment on liability under Labor Law § 240 (1) and in denying defendant's cross motion for summary judgment dismissing that cause of action. The evidence establishes that plaintiff was injured while attempting to climb over a...
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