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ADLER v. SUFFOLK COUNTY WATER AUTHORITY

306 A.D.2d 229 (2003)

760 N.Y.S.2d 523

DAVID N. ADLER et al., Respondents, v. SUFFOLK COUNTY WATER AUTHORITY, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 2, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff David N. Adler was injured on August 23, 1998, at about 9:00 A.M., when the front wheel of his bicycle hit a depression in the roadway on Maple Avenue in the Town of Smithtown, County of Suffolk, causing him to fall. The alleged defect in the roadway was an open concentric region, approximately five inches deep, which surrounded a water...

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