Miller v. City of Troy

—Cardona, P. J.

Appeal from an order of the Supreme Court (Spain, J.), entered November 22, 1994 in Rensselaer County, which denied defendant’s motion for summary judgment dismissing the complaint.

On April 8, 1993, Kenneth Miller, then 14 years old, was riding his bicycle home on an alleyway running between Campbell Avenue and Sheridan Avenue in the City of Troy, Rensselaer County, when he allegedly hit a pothole causing him to *888fall and sustain personal injuries. Plaintiff commenced this action on behalf of her son and for loss of his services. Following joinder of issue, defendant moved for…