Order unanimously reversed on the law without costs, motion granted and complaint against defendant City of Rome dismissed.
Memorandum:
Supreme Court erred in denying the motion of the City of Rome (defendant) to dismiss the complaint against it. Michael Lado (plaintiff) was injured while proceeding across North Street in the City of Rome when he tripped over a water valve vault, the cover of which was missing. It is undisputed that defendant did not have...
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