Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff allegedly slipped and fell on the second to last step of a subway stairway as he was descending from the elevated platform onto the street. He testified at his deposition that he slipped on some yellow sand on the step. In opposition to the defendant's motion for summary judgment, the plaintiff submitted his sworn affidavit which stated...
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