Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiffs' motion for partial summary judgment against defendant Ciminelli-Cowper Co., Inc. (Ciminelli), on the issue of liability under Labor Law § 240 (1). Where there is no evidence that a construction manager "had the authority to supervise, direct, or control the injury-producing work", he may not be held liable...
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