Ordered that the order is modified by (1) deleting therefrom the provision granting that branch of the plaintiffs' motion which was for summary judgment on their causes of action predicated upon Labor Law § 240 (1) and § 241 (6), and substituting therefor a provision denying that branch of the motion, (2) deleting therefrom the provisions denying that branch of the motion by the third-party defendant ESPO Construction, Inc., which was to dismiss the cause of action...
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