It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the claim is reinstated.
Memorandum:
The Court of Claims erred in granting the motion of defendant, State of New York (State), seeking summary judgment dismissing the claim. Claimant's decedent was killed when he stepped into the roadway in a construction zone on a state highway project and was struck by a passing...
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