Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting that part of the cross motion of defendant Angelo Spadotto Construction, Inc. (Spadotto) seeking summary judgment dismissing the cause of action alleging common-law negligence and the violation of Labor Law § 200. There is an issue of fact whether Spadotto controlled the manner and method of the work of plaintiff James...
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