Ordered that the order is modified, on the law, by deleting the provision thereof which, upon searching the record, granted summary judgment to the defendant dismissing the complaint; as so modified, the order is affirmed, with costs to the plaintiff, and the complaint is reinstated.
We note that, because the plaintiff's motion for summary judgment was addressed solely to his cause of action based on Labor Law § 240 (1), the Supreme Court had no authority under...
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