That part of the motion that sought dismissal of the Labor Law § 200 claim was premature, since, as a result of the failure of all defendants to engage in discovery, the identity of the defendant that supervised and controlled the freight elevator into which plaintiff was loading door bucks was within defendants' exclusive knowledge (see CPLR 3212 [f]).
However, the Labor Law § 241 (6) claim should have been dismissed because the Industrial Code ...
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