GARRY, J.
In 2009, plaintiff John P. Kropp, Jr. (hereinafter plaintiff) was struck and injured by an iron pipe while employed by Merritt Construction, Inc., which had contracted with defendant Town of Shandaken (hereinafter defendant) to construct a new water system. Plaintiff and his wife, derivatively, thereafter commenced this personal injury action alleging, among other things, violations of Labor Law § 240 (1) and § 241 (6). Following discovery, plaintiffs...
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