Order insofar as appealed from unanimously reversed on the law without costs, defendant's cross motion denied in part, third-party defendant's cross motion denied, Labor Law § 240 (1) claim reinstated and motion granted in part in accordance with the following Memorandum: Supreme Court erred in denying that part of plaintiff's motion for summary judgment pursuant to Labor Law § 240 (1) and in granting those parts of defendant's and third-party defendant's cross...
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