Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the plaintiff's motion for partial summary judgment on the issue of liability on his cause of action to recover damages pursuant to Labor Law § 240 (1). The plaintiff alleges that he fell while descending from the fourth to the third tier of a scaffold because there was no ladder in place between the two tiers. As there was contradictory deposition testimony...
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