Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, the cross motions are granted, and the complaint and all cross claims are dismissed.
For a defendant to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon his property, it must be established that a defective condition actually existed, and that the landowner either affirmatively created the condition or had actual...
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