DiMichel v. South Buffalo Railway Co.

— Order modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: The court ordered defendant to provide to plaintiff for inspection and copying all videotapes and/ or surveillance films of plaintiff. We agree that such materials generally are discoverable (see, Marte v Hickok Mfg. Co., 154 AD2d 173). That order is modified, however, to the extent that defendant must provide to plaintiff those surveillance materials it intends to use at trial, and is precluded from using any *915surveillance material that it does not supply to plaintiff within 60…