Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant's motion which was for summary judgment dismissing the claim pursuant to Labor Law § 240 (1) is denied, and that branch of the claimants' cross motion which was for summary judgment on the issue of liability on that claim is granted.
The claimant Edward Fitzpatrick (hereinafter Fitzpatrick) allegedly was injured when he fell from a ladder while working...
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