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Hernandez v. E. Boy, Inc.

Supreme Court, Appellate Division, First Department, New York.
Mar 7, 2013
104 A.D.3d 435 (N.Y. App. Div. 2013)

Opinion

2013-03-7

Adelo HERNANDEZ, Plaintiff–Appellant, v. EAST BOY, INC., Defendant/Third–Party Plaintiff–Respondent, v. East Japanese Restaurant, et al., Third–Party Defendants–Respondents.

James M. Sheridan, Jr., Garden City, for appellant. Gannon, Rosenfarb, Balletti & Drossman, New York (Lisa L. Gokhulsingh of counsel), for East Boy, Inc., respondent.


James M. Sheridan, Jr., Garden City, for appellant. Gannon, Rosenfarb, Balletti & Drossman, New York (Lisa L. Gokhulsingh of counsel), for East Boy, Inc., respondent.
Law Offices of Michael E. Pressman, New York (Stuart Chotewa of counsel), for East Japanese Restaurant, H. Yachi, Inc. and Yachi Enterprizes, respondents.

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*306the 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 A.D.2d 170, 173, 666 N.Y.S.2d 609 [1st Dept. 1997] ).

ANDRIAS, J.P., FRIEDMAN, ACOSTA, FREEDMAN, CLARK, JJ., concur.


Summaries of

Hernandez v. E. Boy, Inc.

Supreme Court, Appellate Division, First Department, New York.
Mar 7, 2013
104 A.D.3d 435 (N.Y. App. Div. 2013)
Case details for

Hernandez v. E. Boy, Inc.

Case Details

Full title:Adelo HERNANDEZ, Plaintiff–Appellant, v. EAST BOY, INC.…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Mar 7, 2013

Citations

104 A.D.3d 435 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 1470
960 N.Y.S.2d 305