Graffeo, J.
Claimant Timothy Russ (hereinafter claimant) and his wife, derivatively, commenced this action to recover damages arising out of injuries sustained by claimant when he fell through a false ceiling while working for his employer at the Glens Falls Armory, a facility owned by the State in Warren County. After issue was joined and discovery conducted, claimants moved for partial summary judgment on the issue of liability on their Labor Law § 240 (1)...
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