Ordered that the order is reversed insofar as appealed from, on the law, the facts, and in the exercise of discretion, with costs, those branches of the motion of the defendant Nicholas Governale which were for summary judgment dismissing the causes of action alleging common-law negligence and a violation of Labor Law § 200 are granted, and that branch of the plaintiff's cross motion which was pursuant to CPLR 3126 to strike the answer of the defendant Nicholas Governale...
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