Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the cross motion of the defendant PMS Construction Management Corp. which were for summary judgment dismissing the Labor Law § 240(1) cause of action and so much of the Labor Law § 241(6) cause of action as was predicated on an alleged violation of 12 NYCRR 23-1.7(a)(1) insofar as asserted against it, and substituting therefor a provision denying those branches...
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