It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is denied in its entirety.
Memorandum:
Plaintiff commenced this Labor Law and common-law negligence action seeking damages for injuries he sustained when he fell from the top cap of a four-foot stepladder. We conclude that Supreme Court erred in granting that part of plaintiff's motion seeking partial summary judgment...
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