Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The record reveals that the plaintiff allegedly sustained personal injuries after stepping into "a pothole and/or defect" in a roadway controlled and maintained by the City of Peekskill (hereinafter the City) on November 26, 1986. Thereafter, at a hearing conducted pursuant to General Municipal Law § 50-h, the plaintiff reiterated in detail that...
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