It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of the motion for partial summary judgment on liability on the Labor Law § 240 (2) claim and as modified the order is affirmed without costs.
Memorandum:
Plaintiffs commenced this Labor Law and common-law negligence action seeking damages for injuries sustained by Gary A. Capasso (plaintiff) when he allegedly fell from a...
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