It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, that part of the cross motion with respect to the third cause of action is denied, the third cause of action is reinstated, and the motion is granted.
Memorandum:
Plaintiff commenced this action seeking damages for injuries he sustained when he was struck by a steel plank dropped from a scaffold by a coworker. We agree with...
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