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Michael C. Clark
v.
Town of Scriba, , Defendant Town of Scriba, Third-Party v. Oswego Excavating, Inc., Doing Business as J. W. Pritchard Construction Co., Inc., Third-Party Defendant-Respondent Lakelawn Transport Corporation, Third-Party v. Herbert F. Darling, Inc., Third-Party
v.
Town of Scriba, , Defendant Town of Scriba, Third-Party v. Oswego Excavating, Inc., Doing Business as J. W. Pritchard Construction Co., Inc., Third-Party Defendant-Respondent Lakelawn Transport Corporation, Third-Party v. Herbert F. Darling, Inc., Third-Party
Appeal No. 2.
Appellate Division of the Supreme Court of the State of New York.
Feb 7, 2001.
Published opinion
Published
—Order unanimously reversed on the law without costs, motion denied and Labor Law § 241 (6) claim against defendant Town of Scriba reinstated. Same Memorandum as in Clark v Town of Scriba (280 AD2d 915 [decided herewith]). (Appeal from Order of Supreme Court, Oswego County, Nicholson, J. — Summary Judgment.) Present — Pigott, Jr., P. J., Pine, Hayes, Kehoe and Burns, JJ.