Order unanimously affirmed with costs.
Memorandum:
Claimant commenced this action to recover damages for injuries he sustained in a fall at a construction site owned by defendant. The Court of Claims properly denied defendant's motion for summary judgment dismissing the Labor Law § 240 (1) cause of action and granted claimant's cross motion for partial summary judgment on liability on that cause of action. At the time of the accident, claimant was descending...
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