Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff John Dailey allegedly sustained injuries when he stepped out of a van and onto a deteriorated curb on Mountain View Avenue, in the Village of Nyack, at or near the location where it serves as an overpass bridge that crosses over the New York State Thruway. After joinder of issue, the Village moved, inter alia, for summary judgment dismissing the complaint insofar as asserted against...
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