It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, that part of the motion with respect to the Labor Law § 240 (1) claim is granted and that claim is dismissed.
Memorandum:
Plaintiff commenced this action seeking damages for injuries incurred when he tripped over the uneven planking of a scaffold and fell to one knee. It is undisputed that plaintiff did not fall from the...
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