Order unanimously affirmed with costs.
Memorandum:
Plaintiff moved for partial summary judgment on the issue of liability on his cause of action under Labor Law § 240, asserting that an accident in which he allegedly injured his knee occurred in the manner to which he testified at an examination before trial. In opposition to the motion, third-party defendant submitted the affidavit of plaintiff's foreman, who asserted that plaintiff had told him an entirely...
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