Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was for partial summary judgment based on a violation of Labor Law § 240 (1) and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiffs presented evidence that the accident was the result of a ladder breaking in two...
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