Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered January 3, 2012. The order, inter alia, granted defendants' cross motion for summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of the cross motion for summary judgment dismissing the Labor Law § 240 (1) claim, and reinstating that claim, and as modified the order is affirmed...
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