Kushner v. City of Albany
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCarpinello, J.
Appeal from a judgment of the Supreme Court (Benza, J.), entered February 2, 2005 in Albany County, which, inter alia, granted defendant’s motion for a directed verdict dismissing plaintiffs’ complaint.
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…
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