Ordered that the order is reversed, on the law, with costs, the motion is granted, that branch of the cross motion which was for summary judgment dismissing the complaint is denied, the complaint is reinstated, and the plaintiffs are awarded partial summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1).
The third-party defendants employed Kevin Dayton as the roofing foreman for a roof installation project...
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