Ordered that the order is modified, on the law, by (1) deleting the provision thereof granting that branch of the defendant's motion which was for summary judgment dismissing the claim pursuant to Labor Law § 241 (6) and substituting therefor a provision denying that branch of the motion, and (2) deleting therefrom the words "as moot"; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
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