Legal Opinion

DiMichel v. South Buffalo Railway Co.

New York Court of Appeals

Decided October 20, 1992PublishedCited by 77 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Wachtler.

On these two appeals, we consider whether surveillance *190films prepared by a defendant in a personal injury action are discoverable by the plaintiff before trial. Surveillance films can serve a uniquely compelling function in a personal injury trial. They are designed to undermine, in a potentially sensational manner, a plaintiff’s claims that he or she was seriously injured. At the same time, however, visual images are easily manipulated and can, as the result of skillful editing or crafty camera work, give a false depiction of a plaintiff’s condition.…

2Cases cited11 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. Hecht v. City of New YorkNew York Court of Appeals · 1983
  3. Rios v. DonovanAppellate Division of the Supreme Court of the State of New York · 1964
  4. Kane v. Her-Pet Refrigeration, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
  5. Reehil v. . FraasNew York Court of Appeals · 1909

6 more not listed; retrieve them via the Exa API.

3Cited by77 opinions

  1. Kavanagh v. Ogden Allied Maintenance Corp.New York Court of Appeals · 1998
  2. Andon v. 302-304 Mott Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1999
  3. Zegarelli v. HughesNew York Court of Appeals · 2004
  4. Anonymous v. High School for Environmental StudiesAppellate Division of the Supreme Court of the State of New York · 2006
  5. Rohring v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1993

72 more not listed; retrieve them via the Exa API.

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