Ordered that the order is modified by deleting the provision thereof granting that branch of the cross motion which was for summary judgment dismissing the plaintiff's cause of action under Labor Law § 240 (1) and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff was injured when he allegedly fell as he was transferring fireproofing...
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