It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Supreme Court properly granted plaintiffs' motion for partial summary judgment on liability under Labor Law § 240 (1) and denied defendant's cross motion to dismiss that cause of action. David Congi (plaintiff) was injured when he fell while attempting to descend into an excavated trench to tie together rebar rod, which held in...
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