It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the common-law negligence cause of action and the Labor Law §§ 200 and 241 (6) claims except insofar as the latter claim is based upon the alleged violation of 12 NYCRR 23-1.21 and as modified the order is affirmed without costs.
Memorandum: Andrew R. Basch (decedent) commenced this Labor Law and common-law negligence action...
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