Appeal from an order of the Supreme Court, Erie County (Shirley Troutman, J.), entered September 17, 2012 in a personal injury action. The order denied the motion of plaintiff for partial summary judgment on liability under Labor Law § 240 (1) and granted the cross motion of defendant for summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from is unanimously modified on the law by denying those parts of defendant's cross...
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