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FRONCKOWIAK v. BUFFALO

162 Misc.2d 718 (1994)

619 N.Y.S.2d 237

James M. Fronckowiak et al., Plaintiffs, v. City of Buffalo et al., Defendants.

Supreme Court, Erie County.

October 21, 1994

Attorney(s) appearing for the Case

Di Vencenzo & Martin (Keith D. Martin of counsel), for plaintiffs. Hodgson, Russ, Andrews, Woods & Goodyear (Michael E. Maxwell of counsel), for defendants.

JOHN F. O'DONNELL, J.

The plaintiffs have moved to compel defendant Consolidated Rail Corporation to disclose whether it possesses surveillance materials of the plaintiff, James M. Fronckowiak, prior to deposing plaintiffs.

The plaintiffs rely on CPLR 3101 (i) which requires full disclosure of this type of material. The defendant relies upon DiMichel v South Buffalo Ry. Co. (

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