Ordered that the order is modified, on the law and as a matter of discretion, by (1) deleting the provision thereof denying that branch of the plaintiff's cross motion which was for summary judgment against the defendants third-party plaintiffs on the issue of liability under Labor Law § 240 (1), and substituting therefor a provision granting that branch of the cross motion, (2) deleting the provision thereof granting that branch of the cross motion of the defendants...
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