Order unanimously affirmed without costs.
Memorandum:
Plaintiff appeals from that portion of an order denying his motion for partial summary judgment against defendant, Sahlen Packing Company (Sahlen), on the issue of liability under Labor Law § 240 (1). Sahlen cross-appeals from the order insofar as it dismissed the recalcitrant worker defense.
We conclude as a matter of law that Sahlen, as the "title owner" of the property, is an owner within...
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