It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying plaintiffs' motion and granting that part of defendant's cross motion seeking summary judgment dismissing the Labor Law § 240 (1) cause of action and dismissing that cause of action and as modified the order is affirmed without costs.
Memorandum:
Supreme Court erred in granting plaintiffs' motion for partial summary judgment on liability...
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