Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the motion of the defendant and third-party plaintiff which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 240 (1), and substituting therefor a provision granting that branch of the motion, (2) by adding thereto the words "is denied as academic" before the words "with respect to its claim for common law indemnification...
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