Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered November 12, 2004 in a personal injury action. The order granted plaintiff's motion for partial summary judgment on liability pursuant to Labor Law § 240 (1) and denied defendant's cross motion for summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from be and the same hereby i ` s unanimously modified on the law by denying the motion...
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