Ordered that the judgment is reversed, on the law and the facts, with costs, the claim is reinstated, the claimant is awarded judgment against the defendant on the issue of liability, and the matter is remitted to the Court of Claims for a trial on the issue of damages.
The evidence at trial showed that the claimant stepped down off a sidewalk on a roadway, whereupon her foot got "stuck" in a pothole that was in the roadway. As a result, the claimant fell.
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