KASS, J.
In her complaint, the plaintiff alleges that she fell and was hurt because of a defect in a sidewalk maintained by the Metropolitan District Commission (MDC) along Revere Beach Parkway. The MDC moved for judgment on the pleadings (Mass.R.Civ.P. 12[c], 365 Mass. 756 [1974]), on the ground that G.L.c. 92, § 36, immunizes the Commonwealth
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