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GILLIAM v. UNI HOLDINGS, LLC

Index No. 25956/18E. Appeal No. 14625. Case No. 2020-03372.

201 A.D.3d 83 (2021)

159 N.Y.S.3d 401

2021 NY Slip Op 06798

JEKEYA GILLIAM, Appellant, v. UNI HOLDINGS, LLC, Defendant, and UNIVERSITY HOLDING, LLC, Respondent.

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

Decided December 7, 2021.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York City ( Scott T. Horn and Christen Giannaros of counsel), for appellant.

Marshall Dennehey Warner Coleman & Goggin, P.C., New York City ( Andrew Thebaud and Adam Calvert of counsel), for respondent.

MANZANET-DANIELS, J.P., KAPNICK, MAZZARELLI and MOULTON, JJ., concur.

OPINION OF THE COURT

This appeal hinges on whether the condition of one's body is the kind of evidence that is subject to a spoliation analysis.

The case arises from an accident that took place on June 25, 2017, when plaintiff Jekeya Gilliam was struck by a falling portion of the bathroom ceiling in her apartment...

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