
    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.)
    [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.  