It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the motion is granted.
Memorandum: Douglas F. Bernard (plaintiff) and his wife commenced this action seeking damages for injuries plaintiff sustained when he fell from a collapsing scaffold while working at a construction site owned by defendant. The complaint asserts a single cause of action for violation of Labor Law § 240 (1). Following discovery, plaintiffs...
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