Ordered that the order is affirmed insofar as appealed from, with costs.
Dominick J. Costa commenced this action to recover damages for personal injuries he allegedly sustained while working as an oiler on a crane barge owned by the defendant. Costa alleged that, as he stepped down from an elevated steel beam onto a "stack of wood" that was approximately three-to-four feet high, the wood "gave way" and he "lost [his] footing." Costa died, and his son was substituted...
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