Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the cross motion which was for summary judgment dismissing the causes of action to recover damages for common-law negligence and based upon violation of Labor Law § 200 insofar as asserted against the appellant, and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed, without costs or disbursements.
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