Ordered that the order is affirmed, with costs.
The plaintiff Rogelio Calderone was injured when the truck in which he was a passenger left the roadway and hit a utility pole in the Town of Cortlandt. He alleges that a defect or dangerous condition in the pavement caused the truck driver to lose control, resulting in the accident. The defendant moved for summary judgment dismissing the complaint on the ground that the condition of the roadway was not a proximate cause...
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