It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of the motion of defendant Hertel Steel, Inc. for summary judgment dismissing the common-law negligence claim against it in the first cause of action and the fourth cause of action and reinstating that claim against defendant Hertel Steel, Inc. and that cause of action and as modified the order is affirmed without costs.
Memorandum: Plaintiff commenced this...
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