(dissenting in part). I concur for reversal, but vote to dismiss the complaint on the ground that the plaintiff has failed to establish actionable negligence under section 200 of the Labor Law.
Babin, J. P., Stevens and Bergan, JJ., concur with Valente, J.; McNally, J., dissents in part and votes to reverse and dismiss the complaint.
Judgment reversed, on the law and on the facts, and a new trial ordered, with costs to appellant to abide the event.