It is hereby ordered that the order so appealed from be and the same hereby is modified on the law by granting the motion in its entirety, dismissing the complaint and denying the cross motion and as modified the order is affirmed without costs.
Memorandum:
Plaintiff commenced this Labor Law and common-law negligence action seeking damages for injuries that he sustained while he was employed by a subcontractor as an apprentice roofer to perform construction...
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