It is hereby ordered that the amended judgment so appealed from is unanimously vacated without costs, the order entered August 8, 2019, is modified on the law by denying the motion, and as modified the order is affirmed and the matter is remitted to Supreme Court, Erie County, for a trial on the issue of liability and, if liability is established, for a new trial on the issue of damages.
Memorandum: Plaintiff commenced this Labor Law and common-law negligence action...
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