New York Supreme and/or Appellate Courts Appellate Division, First Department
March 7, 2013
EAST BOY, INC.,
DEFENDANT/THIRD-PARTY PLAINTIFF-RESPONDENT, EAST JAPANESE RESTAURANT, ET AL.,
Hernandez v East Boy, Inc.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 7, 2013
Andrias, J.P., Friedman, Acosta, Freedman, Clark, JJ.
Order, Supreme Court, New York County (Louis B. York, J.), entered August 14, 2012, which denied plaintiff's motion to strike the answer, unanimously affirmed, without costs.
The staircase on which plaintiff fell was replaced after he commenced this action and had served a notice to enter and inspect the premises. However, plaintiff failed to establish that defendant was involved in the replacement of the staircase or that there was spoliation of evidence in any other way (see generally Kirkland v New York City Hous. Auth., 236 AD2d 170, 173 [1st Dept 1997]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MARCH 7, 2013
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