Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment is granted, and the complaint is dismissed.
The infant plaintiff was injured when he fell from his bicycle when it allegedly struck a pothole or depression in the road. It is undisputed that the defendant Town of Brookhaven had previously covered this roadway with a thin liquid blacktop sealant called "slurry seal". It is also undisputed that as a prerequisite to...
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