It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion in part and dismissing the claim under 12 NYCRR 23-1.7 (e) and as modified the order is affirmed without costs.
Memorandum:
Plaintiffs commenced this action pursuant to Labor Law § 241 (6) to recover damages for injuries sustained by Frank Ventura (plaintiff) while employed as a labor foreman on a construction and restoration...
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