Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff, who claimed to have been injured by a fall in the men's room of the defendant's restaurant, testified at his examination before trial that he did not know the cause of his fall. More than one- and one-half years later he submitted an affidavit in response to the defendant's motion for summary judgment in which he stated that he was "certain" that a piece of ice caused his fall...
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