It is hereby ordered that the order so appealed from is modified on the law by denying plaintiff's cross motion for partial summary judgment on liability under Labor Law § 240 (1) and as modified the order is affirmed without costs.
Memorandum: Plaintiff commenced this Labor Law and common-law negligence action seeking damages for injuries he allegedly sustained while working on a cell phone tower owned by defendant American Tower, L.P. and leased to New Cingular...
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