It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously modified on the law by denying the motion in part and reinstating the Labor Law § 240 (1) claim and as modified the order and judgment is affirmed without costs.
Memorandum: Plaintiff commenced this Labor Law and common-law negligence action to recover damages for injuries he sustained when an unsecured stepladder collapsed while he was descending it. Plaintiff...
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