It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting plaintiff's cross motion seeking partial summary judgment on the issue of liability under Labor Law § 240 (1) against defendant Wally Armour and as modified the order is affirmed without costs.
Memorandum:
Plaintiff was employed by a prime contractor hired by Wally Armour (defendant) in connection with the construction of a home...
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