Wert v. City of Ogdensburg

— Levine, J.

Appeal from an order of the Supreme Court (Duskas, J.), entered December 14, 1987 in St. Lawrence County, which denied defendant’s motion for summary judgment dismissing the complaint.

In this personal injury action, plaintiff Gladys Wert (hereinafter plaintiff) seeks to recover damages for injuries sustained when she slipped and fell on a patch of ice which had formed on the crosswalk of a public street in the City of Ogdensburg, St. Lawrence County. In their suit against the city, plaintiff and her husband allege that the street in question contained a storm sewer which was…