Opinion
April 6, 2000.
TOM, J.P., MAZZARELLI, LERNER, FRIEDMAN, JJ.
Motion and cross-motions, insofar as they seek reargument granted, and upon reargument, the decision and order of this Court entered on August 26, 1999 (Appeal No. 863) modified to the extent of:
(1) deleting the words "plainly defective" appearing on the fifth line on page 21 of said decision and order and substituting therefor the words "deficient for purposes of Labor Law § 240 Lab. (1)";
(2) deleting the words "was obviously defective and" appearing on lines 9 and 10 on page 22, directly following the word "it" on line 9; and
(3) adding the following footnote after the last sentence on page 23 of said decision and order: "We do not address the issue of possible liability premised upon a product liability claim. That issue is not before the court and on the record before us could not properly be resolved."
Motion and cross-motions otherwise denied.