Ordered that the order is modified by deleting the provision thereof denying that branch of the motion which was for summary judgment dismissing the Labor Law § 241 (6) cause of action insofar as asserted against the appellant, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
This action arises out of a work site accident which occurred during...
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