Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondent.
The plaintiff allegedly slipped and fell on ice cream in the frozen food aisle of the defendant's premises. The plaintiff stated that he did not see the ice cream until after he fell because the ice cream was the same color as the tile floor and that he did not know how long the ice cream had been on the floor. He also testified at his deposition that he...
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