Ordered that the appeal from so much of the order dated March 28, 2016, as granted that branch of the plaintiff's cross motion which was for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1) insofar as asserted against the defendant Nina Trevisani, as executrix of the estate of Annette Trevisani, deceased, is dismissed as academic, without costs or disbursements, as that portion of the order was vacated by the...
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