Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is reversed insofar as appealed from, on the law, that branch of the defendant's motion which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 240 (1) is denied, the cause of action alleging a violation of Labor Law § 240 (1) is reinstated, the plaintiff's cross motion for summary judgment on the issue of liability...
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