Appellate Division of the Supreme Court of the State of New York January 27, 2011 (Crespo v. City of Kingston)

Stein, J.

Appeal from an order of the Supreme Court (O’Connor, J.), entered January 8, 2010 in Ulster County, which granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff was injured when she fell as she stepped from the sidewalk onto a storm drain that was lower than the surface of the roadway in the City of Kingston, Ulster County.