Ordered that the judgment is reversed, on the law, with costs, the Labor Law § 240 (1) cause of action is reinstated, the plaintiff's motion pursuant to CPLR 4404 (a) to set aside the jury verdict and for judgment as a matter of law on the issue of liability on the Labor Law § 240 (1) cause of action is granted, and the matter is remitted to the Supreme Court, Queens County, for a trial on the issue of damages, and the order dated May 19, 2006 is modified accordingly...
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