Appellate Division of the Supreme Court of the State of New York March 5, 2009 (Boice v. City of Kingston)

Peters, J.

Appeal from an order of the Supreme Court (Egan Jr., J.), entered April 8, 2008 in Ulster County, which granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff Mary Boice (hereinafter plaintiff) tripped and fell *1141when she stepped in a rut on a public street in the City of Kingston, Ulster County.