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MALOUF v. EQUINOX HOLDINGS, INC.

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113 A.D.3d 422 (2014)

978 N.Y.S.2d 160

COLETTE MALOUF, Respondent, v. EQUINOX HOLDINGS, INC., Defendant/Third-Party Plaintiff-Appellant. LIFE FITNESS, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendants.

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

Decided January 9, 2014.

Order, Supreme Court, New York County (Paul Wooten, J.), entered October 26, 2012, which, insofar as appealed from, granted plaintiff's motion for spoliation sanctions to the extent of precluding defendant from arguing at trial that the treadmill plaintiff was using at the time of her accident was operating properly or was free from defects, and granted the motion of third-party defendant Life Fitness, Inc., to strike the third-party complaint against it, unanimously affirmed...

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