Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the defendant's motion which were for summary judgment dismissing the Labor Law § 200 and common-law negligence claims and so much of the Labor Law § 241 (6) claim as was based upon an alleged violation of 12 NYCRR 23-1.7 (e) (1), and substituting therefor provisions denying those branches of the motion; as so modified, the order is affirmed, without costs...
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