It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of plaintiffs' cross motion seeking partial summary judgment on liability on the Labor Law § 240 (1) cause of action and as modified the order is affirmed without costs.
Memorandum:
Defendant, the owner of the property where Patrick O. Holiday (plaintiff) was injured, appeals from that part of an order that granted plaintiffs...
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