It is hereby ordered that the order so appealed from be and the same hereby is modified on the law by denying defendants' motion in part and reinstating the Labor Law § 241 (6) claim insofar as it is based on the alleged violations of 12 NYCRR 23-1.8 (c) (4) and 23-1.9 (d) and reinstating the derivative cause of action and by denying the motion of third-party defendant and the cross motion and as modified the order is affirmed without costs.
Memorandum:
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