Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court correctly denied those branches of the appellants' motion which were for summary judgment dismissing so much of the complaint as seeks to recover damages based on violations of Labor Law §§ 200 and 241 (6) insofar as asserted against them. A triable issue of fact exists as to whether the appellant Thomas Guarascio acted as the agent for the appellant Daniel J. Rose...
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