Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff, a boiler repairman, was injured when he fell down a flight of basement stairs in a house owned by the defendant's decedent, Catherine Baker. At his examination before trial, the plaintiff testified that he fell down the stairs from the landing before his foot touched the first step. However, the plaintiff subsequently claimed that he had...
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