Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the contentions of the defendant Town of Hempstead, we conclude that a triable issue of fact exists with respect to whether the defendant town was affirmatively negligent in laying a road patch which had cracked and settled below street level at the time the plaintiff stepped into it and injured herself. Notably, "the drastic remedy of summary judgment is appropriate only where a...
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