Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendant Interstate Materials Corporation which was for summary judgment dismissing the cause of action to recover damages for a violation of 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, without costs or disbursements.
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