Kosovsky v. Zahl

OPINION OF THE COURT

David B. Saxe, J.

The defendant husband, toward the conclusion of this drawn-out custody case, moves for production by plaintiff of all films, videotapes, audiotapes, transcripts and memoranda thereof, or photographs taken during surveillance of him. *165Plaintiff protests that the request is improper and comes too late.

This is not a typical situation, in which surveillance tapes are sought by a plaintiff during discovery so as to permit the plaintiff to test their authenticity for purposes of countering defenses raised at trial. Defendant acknowledges that he seeks these…