Haibi v. 790 Riverside Drive Owners, Inc.

On October 24, 2009, Erasmo Haibi (decedent), age 87, fell while traversing a three-step stairway that connected the lower lobby to the upper lobby in an apartment building owned and managed by defendants. On February 5, 2011, decedent died from unrelated causes before he could be deposed. A surveillance video that recorded decedent’s fall was automatically taped over by defendants 30 days after the incident. Based on plaintiff’s counsel’s assertion that a copy of the videotape had been requested during the 30-day period, the court, on a previous motion, granted plaintiff’s request for a…