Ordered that the order is affirmed, with costs.
The injured plaintiff (hereinafter the plaintiff) allegedly was injured while riding a bicycle in the defendant Town of Oyster Bay when he hit a rut in the road and was thrown from the bicycle to the ground. The defendant moved for summary judgment dismissing the complaint, arguing that the plaintiff assumed the risk of encountering all open and obvious conditions in the road and, thus, it was not liable for his injuries...
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