Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
The plaintiff allegedly was injured when the motorized scooter he was riding on a roadway near his home struck a depression in the roadway adjacent to a manhole cover, causing him to fall to the ground. While it was dark out when the accident occurred, there was a streetlight nearby and the scooter's light illuminated the roadway.
The defendant Town of Hempstead established...
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