Plaintiff alleges that he tripped and fell on a construction plate placed in the roadway by defendants, who were engaged in nearby paving projects. No one witnessed the accident and plaintiff has no recollection of the event. His account is based entirely on police investigative reports, submitted by his attorney in opposition to defendants' postnote-of-issue motions for summary judgment. According to these reports, after receiving a call from a good samaritan, the police...
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