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Full opinion text

—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.