Order, Supreme Court, New York County (Francis A. Kahn, III, J.), entered March 2, 2023, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for summary judgment on the issue of liability on his cause of action pursuant to Labor Law § 241(6) premised upon a violation of Industrial Code (12 NYCRR) § 23-1.7(e)(1), unanimously affirmed, without costs.
The motion court properly found that issues of fact exist as to whether...
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