Bonesteel v. Fitzgerald Bros. Construction Co.

Appeal from an order of the Supreme Court at Special Term (Pitt, J.), entered March 10,1981 in Rensselaer County, which denied defendant City of Troy’s motion for summary judgment dismissing the complaint and all cross claims directed at the city. Plaintiff Mary Lou Bone-steel suffered personal injuries when the car she was driving struck a raised manhole cover on Donegal Avenue in the City of Troy. At the time of the occurrence, the particular section of Donegal Avenue through which she was driving was still under construction, was unpaved and had not yet been dedicated to the city. However,…