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KANE v. HER-PET REFRIGERATION

181 A.D.2d 257 (1992)

Gerald Kane, Also Known as Gerry Kane, et al., Appellants, v. Her-Pet Refrigeration, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 27, 1992

Attorney(s) appearing for the Case

Eisenberg, Margolis & Friedman (Mitchell R. Friedman of counsel), for appellants.

Curtis, Zaklukiewicz, Vasile, Devine & McElhenny (Roy W. Vasile of counsel), for Her-Pet Refrigeration, Inc., respondent.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger (Patricia W. Congdon of counsel), for Michael McCarvill, respondent.

THOMPSON, J. P., MILLER and COPERTINO, JJ., concur.

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...

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