It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the cross motion of defendant R.A. Haitz Co., Inc. in part and dismissing the third cause of action against it and as modified the order is affirmed without costs.
Memorandum:
Plaintiff commenced this action seeking to recover damages for injuries he sustained when he fell from the roof of a house under construction. Defendant Dave Hennig...
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