Order unanimously affirmed, with costs.
Memorandum:
For the reasons stated in its memorandum decision, Special Term properly denied defendants' motions for summary judgment. In doing so, however, the court declined to resolve an issue which was presented on defendants Vitales' motion addressed to plaintiff Ackley's cause of action under subdivision 6 of section 241 of the Labor Law. It was essential that the issue of the applicability of section 241 to be...
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