It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting that part of the motion of defendant Thomann Asphalt Paving Corp. seeking summary judgment dismissing the Labor Law § 200 claim against it and dismissing that claim against it and by granting the motion of defendant Ciminelli-Cowper Co., Inc. in its entirety and dismissing the complaint and cross claims against it and as modified the order is affirmed...
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