Miller v. City of Albany

Appeal from an order of the Supreme Court (Teresi, J.), entered May 4, 2000 in Albany County, which granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff Dorothy M. Miller (hereinafter plaintiff) tripped and fell as she crossed a metal plate that was two inches lower than the surface of the surrounding sidewalk on Hudson Avenue in the City of Albany. Plaintiff and her husband, derivatively, commenced this action seeking recovery for personal injuries sustained in her fall. Defendant moved for summary judgment dismissing the complaint on the ground that there *648was…