Ordered that the order is reversed, on the law, with costs, and the motion, inter alia, for summary judgment dismissing the complaint is denied.
On the morning of December 5, 2002 the plaintiff slipped and fell on ice in a pothole on the defendant's property which was covered by less than an inch of snow. After issue was joined, the defendant moved, inter alia, for summary judgment dismissing the complaint.
The plaintiff's theory of liability, as set forth...
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