Ordered that the order is reversed insofar as appealed from, with costs, and those branches of the defendant's motion which were to vacate its default in failing to oppose the plaintiff's motion for summary judgment on the issue of liability under Labor Law § 240 and for leave to cross-move for summary judgment dismissing the complaint are denied.
The plaintiff, a copartner of the third-party defendant, Vicky & K Construction Co., was injured during the course...
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