Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff allegedly sustained personal injuries when he tripped and fell over a gas pipe protruding from the sidewalk. The appellant, who installed the pipe, cross-moved for summary judgment dismissing the third-party complaint on the ground that the pipe was an open and obvious condition. The Supreme Court denied the cross motion. We affirm.
In support of its cross motion, the appellant...
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