Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the motion which was for summary judgment dismissing the cause of action asserted in the complaint under Labor Law § 240 (1) and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.
The injured plaintiff, Frank DeMayo (hereinafter the plaintiff), was employed by DiFazio...
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