Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the plaintiff's motion which was for summary judgment on the issue of liability on the cause of action to recover damages pursuant to Labor Law § 240 (1), and substituting therefor a provision denying that branch of the plaintiff's motion; as so modified, the order is affirmed, with costs to the defendants, and the matter is remitted to the Supreme Court, Queens...
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