Ordered that the order entered November 2, 2018, is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant Cappy's Warehouse Wine & Spirits, Inc., which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 240(1) insofar as asserted against it, and substituting therefor a provision denying that branch of the motion; as so modified, the order entered November 2, 2018, is affirmed...
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