It is hereby ordered that the appeal of defendant United Rentals, Inc. is unanimously dismissed and the order and judgment so appealed from is modified on the law by denying that part of plaintiffs' motion seeking summary judgment on the Labor Law § 240(1) claim and vacating all the language in the first decretal paragraph following the words "as defined by Labor Law § 240(1)," and as modified the order and judgment is affirmed without costs.
Memorandum...
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