Ordered that the order dated March 8, 2007, as amended, is reversed insofar as appealed from, on the law, with costs, and, upon reargument, the original determination in the order dated April 11, 2006 granting that branch of the defendant's prior motion which was for summary judgment dismissing the Labor Law § 241 (6) cause of action insofar as asserted against it to the extent that it was premised upon an alleged violation of 12 NYCRR 23-9.2 (a) is adhered to.
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