It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion and reinstating the complaint and as modified the order is affirmed without costs.
Memorandum:
We agree with plaintiff that Supreme Court erred in granting the motion of defendant, Town of Jerusalem (Town), seeking summary judgment dismissing the complaint. The complaint alleges that, in the course of repairing the curb box for...
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