Ordered that the order is reversed insofar as appealed from, on the law, with costs, the claimants' motion is granted, and the matter is remitted to the Court of Claims for further proceedings.
The claimant, a painter, was engaged in painting a roadway overpass from the top of a work truck when the safety guardrail onto which he was holding for balance gave way causing him to fall to the roadway and sustain injuries. That portion of the guardrail onto which the claimant...
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