Ordered that the order dated September 17, 2009, is affirmed insofar as appealed from, without costs or disbursements; and it is further,
Ordered that the order dated October 26, 2009, is reversed, on the law and in the exercise of discretion, without costs or disbursements, the plaintiffs' motion for summary judgment on the cause of action alleging a violation of Labor Law § 240 (1) is denied, and that branch of the cross motion of the defendants/ third-party...
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