Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant's cross motion which was for summary judgment dismissing the Labor Law § 241 (6) cause of action to the extent it is based on a violation of 12 NYCRR 23-1.16 and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the plaintiffs.
Labor Law § 240 (1) imposes a nondelegable...
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