Ordered that the order is reversed insofar as appealed from, on the law, with costs, and upon reargument, the prior determination in the order dated January 14, 2004, denying that branch of the third-party defendant's motion which was for summary judgment dismissing the Labor Law § 240 (1) cause of action, is adhered to.
On the record before us, there is insufficient evidence on which we can determine whether the injured plaintiff has or does not have a Labor...
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