Motion by defendant, County of Nassau, to dismiss the complaint, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, is granted.
On this motion the facts alleged are deemed true. Paragraph 8 of the complaint states "that the said occurrence was due to the carelessness and negligence of the defendants in causing, permitting and allowing the said sidewalk to be, become and remain in a broken, cracked, dangerous...
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