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CLARK v. TOWN OF SCRIBA

280 A.D.2d 917 (2001)

719 N.Y.S.2d 915

MICHAEL 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.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided February 7, 2001.

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 A.D.2d 915 [decided...

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