Order unanimously affirmed without costs.
Memorandum:
Supreme Court properly dismissed the Labor Law § 240 (1) cause of action. Plaintiff, an employee of defendants Dean Mortise and Donna Mortise, doing business as A Cut Above, was injured when he fell to the ground while removing a tree on the premises owned by defendant Joseph Bravo. Upon learning that the tree had a large cracked limb, Bravo hired A Cut Above to remove it in order to protect the apartment...
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