It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the Labor Law § 240 (1) claim and as modified the order is affirmed without costs.
Memorandum: Plaintiffs commenced this common-law negligence and Labor Law action to recover damages for injuries sustained by Steven Kostyo (plaintiff) when he fell from the front porch roof of a rental property owned by defendant and rented by plaintiff...
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