It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when he lost control of his motorcycle while traveling on a road in defendant Town of Mina (Town) that had recently been resurfaced by the Town with the assistance of defendant Suit-Kote Corporation (Suit-Kote). The road was resurfaced using the "oil and chip" method...
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