It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Supreme Court properly denied plaintiffs' motion for partial summary judgment on liability on the Labor Law § 240 (1) claim and granted defendant's cross motion for summary judgment dismissing that claim on the ground that Roger A. Barczykowski (plaintiff) was not engaged in a protected activity at the time of his accident...
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