Majority
p. 917Michael C. Clark, Appellant, v Town of Scriba et al., Respondents, et al., Defendant. Town of Scriba, Third-Party Plaintiff, v Oswego Excavating, Inc., Doing Business as J. W. Pritchard Construction Co., Inc., Third-Party Defendant-Respondent. Lakelawn Transport Corporation, Third-Party Plaintiff, v Herbert F. Darling, Inc., Third-Party Defendant. (Appeal No. 2.) [719 NYS2d 915]
—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.
Cases cited
- Clark v. Town of Scriba 280 AD2d 915 p. 917