Ordered that the order is modified by deleting the provisions thereof which granted those branches of the cross motions which were for summary judgment dismissing the cause of action under Labor Law § 240 (1) and substituting therefor provisions denying those branches; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff, and so much of the complaint as asserted a cause of action under Labor Law § 240 (1), and the third-party...
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