It is hereby ordered that the order so appealed from is modified on the law by denying the motion and granting the cross motion in part and dismissing the common-law negligence and Labor Law § 200 claims against defendants MJ Peterson/Tucker Homes, LLC and RGGT, LLC and the Labor Law § 241(6) claim insofar as it is based on the alleged violation of 12 NYCRR 23-1.7(d); and 23-1.21(b)(3)(iv); (4)(i), (iv) and (v) and as modified the order is affirmed without costs...
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