Carpinello, J.
On March 10, 2002, plaintiff Harry Kushner (hereinafter plaintiff) was injured while riding his bicycle on Whitehall Road in the City of Albany when he struck a pothole in the street and was ejected from the bike. He and his wife, derivatively, filed this action against defendant seeking recovery for his injuries. Defendant answered, claiming, among other things, that plaintiffs failed to comply with its prior written notice requirement (see...
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