Kane v. Her-Pet Refrigeration, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Ritter, J.
This appeal presents the question of whether surveillance evidence—photographs, motion pictures, and videotapes—obtained in preparation for the defense of a personal injury claim, should be discoverable prior to trial by the claimant. The Appellate Divisions of the First, Third and Fourth Departments have ruled on the question, but are in conflict. This court addresses the issue for the first time on this appeal. For purposes of our analysis, we define surveillance evidence as evidence that depicts the plaintiff engaged in activity inconsistent with his claimed…
2Cases cited25 opinions
- Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
- Caprara v. Chrysler Corp.New York Court of Appeals · 1981
- Rios v. DonovanAppellate Division of the Supreme Court of the State of New York · 1964
- Jenkins v. RainnerSupreme Court of New Jersey · 1976
- Zimmerman v. Superior CourtArizona Supreme Court · 1965
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3Cited by20 opinions
- DiMichel v. South Buffalo Railway Co.New York Court of Appeals · 1992
- Fisher v. National Railroad Passenger Corp.District Court, S.D. Indiana · 1993
- Doe v. PoeAppellate Division of the Supreme Court of the State of New York · 1997
- Marigliano v. KrumholtzNew York Supreme Court · 1993
- Barnes v. New York State Thruway AuthorityNew York Court of Claims · 1998
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