It is hereby ordered that the order so appealed from is unanimously modified on the law by granting plaintiff's motion in its entirety and dismissing defendant's 12th affirmative defense and as modified the order is affirmed without costs.
Memorandum: Plaintiff commenced this Labor Law action seeking damages for injuries he sustained when he fell through an unguarded stairwell opening while performing framing work as part of the construction of a single family residence...
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