Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, the plaintiff's motion is granted, and those branches of the separate cross motions of the defendants and the third-party defendant which were for summary judgment dismissing the cause of action alleging a violation of Labor Law § 240 (1) are denied.
The late Salvatore Valensisi (hereinafter the decedent) was employed as a laborer by the third-party defendant McLean...
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