Crew III, J.
Plaintiff commenced this action against defendant seeking to recover for injuries allegedly sustained on January 1, 1999 when, according to plaintiff, he slipped and fell on a patch of ice that had formed around a manhole cover on a public street located in the City of Kingston, Ulster County. Following joinder of issue and discovery, defendant moved for summary judgment dismissing the complaint based upon plaintiff's failure to plead and prove compliance...
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