It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting that part of the cross motion with respect to the fourth cause of action in its entirety and dismissing that cause of action and as modified the order is affirmed without costs.
Memorandum:
Plaintiffs commenced this action seeking damages for injuries sustained by Edward M. Ewing (plaintiff) when he fell from an elevated work site after...
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