Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with one bill of costs, that branch of the motion of the defendant Town of Hempstead which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 241(6) insofar as asserted against it is denied, that branch of the cross motion of the defendant Anray Custom Builders Incorporated which was for summary judgment dismissing the cause...
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