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JIMENEZ v. WEINER

8 A.D.3d 133 (2004)

779 N.Y.S.2d 23

DANIEL JIMENEZ, Appellant, v. PAUL WEINER et al., Defendants, and LOEHMANN'S HOLDINGS, INC., et al., Respondents. (And a Third-Party Action.)

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

June 17, 2004.

Plaintiff's counsel notified defendants of an intention to inspect a ramp that allegedly caused the accident and advised defendant of its obligation to preserve and not destroy or dispose of the ramp. Since the ramp was preserved for a reasonable period of time (3½ years), in full public view during store hours, during which no inspection was held by plaintiff, and there is no evidence that defendants, who eventually removed...

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