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SARRIS v. FAIRWAY GROUP PLAINVIEW, LLC

2016-05179. Index No. 11166/13.

169 A.D.3d 734 (2019)

94 N.Y.S.3d 103

2019 NY Slip Op 00922

Eileen Sarris, Respondent, v. Fairway Group Plainview, LLC, Appellant, et al., Defendants. (And a Third-Party Action.).

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

Decided February 6, 2019.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and that branch of the plaintiff's motion which was pursuant to CPLR 3126 to impose sanctions against the defendant Fairway Group Plainview, LLC, for spoliation of evidence is denied.

On December 24, 2012, the plaintiff allegedly was injured after she slipped and fell on ice in a parking lot outside of a store operated by the defendant Fairway Group...

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