It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying defendant's cross motion in part and reinstating the Labor Law § 241 (6) claim and as modified the order is affirmed without costs.
Memorandum:
Plaintiff commenced this action seeking damages for injuries he sustained in the course of his work removing a roof containing asbestos. Plaintiff was hit by a bag containing asbestos debris...
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