It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of defendants' motion seeking summary judgment dismissing the Labor Law § 241 (6) claim insofar as that claim is based upon the alleged violation of 12 NYCRR 23-1.7 (e) (1) and (2), and by denying that part of defendants' motion seeking summary judgment dismissing the Labor Law § 241 (6) claim insofar as that claim is based upon the alleged violation of...
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