Ordered that the interlocutory judgment is reversed, on the law and the facts, with costs, that branch of the motion which was pursuant to CPLR 4401 for judgment as a matter of law dismissing the Labor Law § 240 (1) cause of action is granted, and the matter is remitted to the Supreme Court, Westchester County, for a new trial on the issue of liability on the remaining causes of action.
The plaintiff Bernard Gallagher (hereinafter the plaintiff) was injured when...
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