Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered March 23, 2009, which, insofar as appealed from as limited by the briefs, granted plaintiff’s motion for partial summary judgment on the issue of defendants-appellants’ liability under Labor Law § 240 (1), unanimously affirmed, without costs. The record demonstrates that the failure of appellants to properly construct and secure the scaffolding, and the failure to p…
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