Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was for summary judgment dismissing so much of the complaint as sought to recover damages pursuant to Labor Law § 241 (6) based on a violation of 12 NYCRR 23-1.7 (e) (2), and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
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