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Hernstat v. Anthony's Windows on the Lake, Inc.
Citation: 2018 NY Slip Op 4311Docket: 2016-09809
Court: Appellate Division of the Supreme Court of the State of New York; June 13, 2018; New York; State Appellate Court
Original Court Document: View Document
In Hernstat v. Anthony's Windows on the Lake, Inc., the Appellate Division of the Supreme Court of New York addressed an appeal by Brandi Hernstat concerning an order issued on September 13, 2016, by the Supreme Court, Nassau County. Hernstat filed a personal injury lawsuit after falling from an interior staircase at the defendants' establishment. The defendants sought summary judgment to dismiss the complaint, claiming spoliation of evidence due to Hernstat disposing of her high-heeled shoes, which they argued were crucial to their defense. In response to the defendants' motion, Hernstat contended that dismissal was an excessive sanction and requested a lesser remedy—an adverse inference charge to be given to the jury. The lower court denied the defendants' motion for summary judgment and granted Hernstat's request for the adverse inference charge. Hernstat appealed this decision, but the Appellate Division dismissed the appeal, stating she was not aggrieved by the order since it aligned with her request for a lesser sanction rather than the dismissal sought by the defendants. The court confirmed the lower court's decision and imposed costs on the appeal.