It is hereby ordered that the order so appealed from be and the same hereby is reversed on the law without costs and the motion is denied.
Memorandum:
Supreme Court erred in granting plaintiffs' motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1). Plaintiffs met their initial burden on the motion by submitting the affidavit of Terry Manning (plaintiff), who averred that he stepped onto a scaffold plank that was...
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