Titone, J. (dissenting). These appeals test the reach of Labor Law § 240, the scaffolding act, which, with certain exclusions not relevant here, casts the owner and contractor of a construction site in absolute liability for injuries sustained by an employee at the site. In each case, I would hold that liability, if any, can be imposed only under Labor Law § 241 (6), to which comparative fault is a defense. <p "b50…
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