Barnes v. New York State Thruway Authority

OPINION OF THE COURT

John P. Lane, J.

The underlying claim involves a bridge painter’s fall from scaffolding. Liability was found pursuant to Labor Law § 240 (1) on a motion for partial summary judgment, and the case is now before the undersigned for assessment of damages. The parties are vigorously disputing the extent of the injuries suffered and, indeed, at times there appears to be considerable dispute over whether any injuries were suffered at all. The instant motion brought by defendant seeks to quash a trial subpoena duces tecum for videotapes and related materials.

On October 30, 1997,…