It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the cross motion in its entirety and as modified the order is affirmed without costs.
Memorandum:
Plaintiff commenced this Labor Law and common-law negligence action seeking damages for injuries he sustained while installing drywall in a building owned by defendant The Bon-Ton Department Stores, Inc. (Bon-Ton). According to the deposition...
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