It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of the cross motion with respect to the Labor Law § 241 (6) cause of action and reinstating that cause of action insofar as it is based upon the alleged violation of 12 NYCRR 23-1.21 (b) (4) (ii) and as modified the order is affirmed without costs.
Memorandum:
Plaintiff commenced this Labor Law and common-law negligence action...
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