Opinion
December 13, 1993
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff was allegedly injured when she slipped and fell on an unsecured section of carpeting on an interior staircase in the defendant's premises. The record supports the court's finding that the defendant willfully destroyed the carpeting at issue. Accordingly, the court did not improvidently exercise its discretion in precluding the defendant from offering any evidence at trial with respect to the condition of the staircase (see, CPLR 3216; State Univ. Constr. Fund v Turner Constr. Co., 181 A.D.2d 353; Ferraro v Koncal Assocs., 97 A.D.2d 429; cf., Prasad v B.K. Chevrolet, 184 A.D.2d 626). Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.