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HEINS v. PUBLIC STORAGE

2015-12293. Index No. 9608/08.

164 A.D.3d 881 (2018)

83 N.Y.S.3d 199

2018 NY Slip Op 05919

Robert Heins, Appellant-Respondent, v. Public Storage, a Maryland Real Estate Investment Trust, as Successor of Public Storage, Inc., et al., Respondents-Appellants.

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

Decided August 29, 2018.

Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof precluding the plaintiff from offering any evidence at trial of the value and condition of the items alleged to have been damaged or removed from the storage unit and substituting therefor a provision precluding evidence of the items disposed by the plaintiff that were not available for inspection by the defendants...

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