Ordered that the order is modified, on the law, by, upon searching the record, deleting the provision thereof denying that branch of the defendant's cross motion which was for summary judgment dismissing the cause of action under Labor Law § 240 (1), and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, and the complaint is dismissed in its entirety, with costs to the defendant...
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