Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendant's motion which was for summary judgment dismissing the cause of action pursuant to Labor Law § 240 (1) and substituting therefor a provision denying that branch of the motion; as so modified the order is affirmed insofar as appealed from, with costs to the plaintiff.
Under the circumstances presented in this case, it was error for the Supreme...
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