Ordered that the appeal of the defendant Captain's Walk of West Bayshore Homeowners Association, Inc., is dismissed, as withdrawn; and it is further,
Ordered that the order is affirmed insofar as reviewed, with one bill of costs.
The Supreme Court properly determined that there are triable issues of fact as to whether there was a violation of Labor Law § 240 (1) and, if so, whether it proximately caused the accident. Specifically, a question of fact exists...
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