It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying those parts of the cross motions with respect to the Labor Law § 240 (1) claim and the Labor Law § 241 (6) claim insofar as it is based on the alleged violation of 12 NYCRR 23-1.7 (b) (1) and reinstating the Labor Law § 240 (1) claim and the Labor Law § 241 (6) claim to that extent and by granting the motion and as modified the order...
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