It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of plaintiff's motion seeking partial summary judgment on liability against defendant Niagara Frontier Transportation Authority with respect to Labor Law §§ 200 and 241 (6) and as modified the order is affirmed without costs.
Same memorandum as in Szafranski v Niagara Frontier Transp. Auth. ([appeal No. 1]
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