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