Anthony J. DiMichel, Respondent,
v.
South Buffalo Railway Company, Appellant.
David L. Poole, Respondent,
v.
Consolidated Rail Corporation, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 11, 1992.
Decided October 20, 1992.
Attorney(s) appearing for the Case
Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo (Kevin A. Szanyi of counsel), for appellant in the first above-entitled action.
Paul William Beltz, P. C., Buffalo, and Catherine M. Beltz for respondent in the first above-entitled action.
Bauman & Kunkis, P. C., New York City (Bert Bauman of counsel), and Lucinda M. Finley, Buffalo, for the New York State Trial Lawyers' Association, amicus curiae in the first above-entitled action.
O'Shea, Reynolds, Napier, Cummings & Kirby, Buffalo (Kevin J. Bauer of counsel), for the Defense Trial Lawyers of Western New York, Inc., and others, amici curiae in the first and second above-entitled actions.
Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo (Richard F. Griffin of counsel), and Nixon Hargrave, Devans & Doyle, Buffalo (Susan C. Roney and Laurie Styka Bloom of counsel), for appellant in the second above-entitled action.
Paul William Beltz, P. C., Buffalo, for respondent in the second above-entitled action.
Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.
Court of Appeals of the State of New York.
Chief Judge WACHTLER.
On these two appeals, we consider whether surveillance films 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...
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