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DALTON v. NALVEN

245 A.D.2d 540 (1997)

666 N.Y.S.2d 500

Edward Dalton, Respondent, v. Marian S. Nalven et al., Appellants, and Seisiun Path, Inc., Doing Business as O'Lonnies, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 29, 1997

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...

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