It is hereby ordered that the order and judgment so appealed from is unanimously reversed on the law without costs and the motion is denied.
Memorandum: Defendant contends on appeal that Supreme Court erred in sua sponte converting plaintiff's motion for leave to "renew" his prior motion for a default judgment to a motion for summary judgment, granting summary judgment to plaintiff, and awarding damages on plaintiff's Labor Law § 240 (1) claim. We agree. We note...
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