Opinion
December 29, 1997
Appeal from the Supreme Court, Queens County (Golar, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court acted providently in precluding the appellants from offering evidence at trial with respect to the condition of the staircase on which the plaintiff allegedly tripped and fell. The record supports the conclusion that the appellants knowingly and willfully withheld information from the plaintiff concerning the contract of sale and transfer of ownership of the subject premises in which the allegedly defective staircase was located. As a result, the staircase at issue was destroyed by the new owner prior to its inspection by the plaintiff (see, CPLR 3126; Summit Waterproofing Restoration Corp. v. Scarsdale Country Estates Owners, 228 A.D.2d 431, 432-433; Ristenpadt v. K L Realty, 199 A.D.2d 312; State Univ. Constr. Fund v. Turner Constr. Co., 181 A.D.2d 353).
Rosenblatt, J. P., O'Brien, Thompson, Friedmann and Goldstein, JJ., concur.