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HERNSTAT v. ANTHONY'S WINDOWS ON THE LAKE, INC.

2016-09809, Index No. 605784/14.

162 A.D.3d 751 (2018)

74 N.Y.S.3d 881

2018 NY Slip Op 04311

Brandi Hernstat, Appellant, v. Anthony's Windows on the Lake, Inc., et al., Respondents.

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

Decided June 13, 2018.

Ordered that the appeal is dismissed, with costs.

The plaintiff commenced this personal injury action after she fell from an interior staircase at the defendants' premises. The defendants subsequently moved for summary judgment dismissing the complaint based on spoliation of evidence. The defendants contended that their efforts to defend against the action by arguing that the high-heeled shoes worn by the plaintiff at the time of her accident caused or contributed...

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