DIMICHEL V. SOUTH BUFFALO RY. CO.
80 N.Y.2d 184, 604 N.E.2d 63 (1992)
NATURE OF THE CASE: This is a review of a court order for discovery in a personal injury
action.
FACTS: DiMichel (P) worked for, was injured from a fall at work, and sued South Buffalo
Ry. Co. (D) for personal injury damages. During pretrial discovery, P asked for surveillance
films that may have been taken of him by D. D refused the request. D claimed that they were
not required because they were considered to be work product. P made a motion to compel
discovery of any films. The trial court agreed with P and ordered D to turn over the tapes.
The appellate division modified the lower court ruling and ruled that D must give P any
films that were intended to be used at the trial. The court of appeals granted a review.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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