Legal Opinion
Rotundi v. Massachusetts Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Decided January 13, 2000PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Spain, J.
In DiMichel v South Buffalo Ry. Co. (80 NY2d 184, cert *85denied sub nom. Poole v Consolidated Rail Corp., 510 US 816), the Court of Appeals held that surveillance tapes which a defendant intends to use at trial are subject to pretrial discovery as materials prepared in anticipation of litigation under CPLR 3101 (d) (2) and, thus, are subject to a qualified privilege that can be overcome only upon the plaintiffs statutory showing of both a substantial need for them to prepare for trial and undue hardship. In so ruling, the Court sought to “fashion a rule that…
2Cases cited14 opinions
- Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- Matisoff v. DobiNew York Court of Appeals · 1997
- DiMichel v. South Buffalo Railway Co.New York Court of Appeals · 1992
- Rent Stabilization Ass'n of New York City, Inc. v. HigginsNew York Court of Appeals · 1993
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3Cited by5 opinions
- Tai Tran v. New Rochelle Hospital Medical CenterNew York Court of Appeals · 2003
- Claim of De Marco v. Millbrook Equestrian CenterAppellate Division of the Supreme Court of the State of New York · 2001
- Pizzo v. LustigAppellate Division of the Supreme Court of the State of New York · 2023
- Falk v. InzinnaAppellate Division of the Supreme Court of the State of New York · 2002
- Tai Tran v. New Rochelle Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2002