Ordered that the order is modified by deleting the provision thereof granting that branch of the plaintiff's motion which was for summary judgment on the issue of liability on his Labor Law § 240 (1) claim insofar as asserted against the defendant Tuckahoe Development, LLC, and substituting therefor a provision denying that branch of the motion as premature, with leave to renew at the conclusion of discovery; as so modified, the order is affirmed insofar as appealed...
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