In Denicola v. Costello (44 AD3d 990 [2d Dept 2007]) the Appellate Division, Second Department, affirmed an order granting summary judgment to a building owner where the "injured plaintiff did not know what caused her to fall, and did not claim at her deposition that she would not have fallen if handrails had been in place" (id. at 991). The court held that it would be speculative to assume that the claimed violations, including absence of a railing on the stairs, proximately caused plaintiff's injuries. The court also stated that the "affidavit submitted by the injured plaintiff in opposition to the motion merely raised a feigned factual issue designed to avoid the consequences of her earlier deposition testimony" (id. at 990).