Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Wayne E. Sponholz (plaintiff) commenced this action seeking damages for injuries he allegedly sustained when the stairway he was using collapsed, causing him to fall 12 to 15 feet to the first floor. We previously concluded that defendants were entitled to summary judgment dismissing the Labor Law § 240 (1) claim because the stairway did not constitute...
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