Ordered that the order is reversed, on the law, with costs, the defendant's cross motion for summary judgment dismissing the complaint is granted, and the plaintiff's motion is denied as academic.
The plaintiff alleges that he tripped and fell over a pothole on New Valley Road in the defendant Town of Clarkstown, sustaining injuries. He commenced this timely action against the defendant, issue was joined, and discovery completed. However, after the note of issue was...
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