Ordered that the order is modified by (1) deleting the provision thereof granting the motion for partial summary judgment on the issue of liability under Labor Law § 240 (1), and substituting therefor a provision denying the motion, and (2) deleting the provisions thereof denying the defendant third-party plaintiff's cross motion and that branch of the third-party defendant's cross motion which was for partial summary judgment dismissing the plaintiff's cause of action...
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