Ordered that the order is modified, on the facts and the law, by deleting the provision thereof denying that branch of the motion which was for summary judgment dismissing the cause of action to recover damages pursuant to Labor Law § 241 (6) and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the appellants.
In the fall of 1997, the plaintiff was injured while...
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