New York Court of Appeals
Anthony J. DiMichel v. South Buffalo Railway Company, Appellant David L. Poole v. Consolidated Rail Corporation
October 20, 199280 N.Y.2d 184
Summary
The Court held that surveillance films in personal injury actions are discoverable only if the defendant intends to use them at trial and the plaintiff shows a substantial need and undue hardship, affirming the Appellate Division in DiMichel; it reversed the Appellate Division in Poole and remanded for a new trial on liability and damages due to trial errors.