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ROTUNDI v. MASS. MUT INS CO

263 A.D.2d 84 (2000)

702 N.Y.S.2d 150

BENITO A. ROTUNDI, Respondent, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Appellant, et al., Defendant.

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

January 13, 2000.

Attorney(s) appearing for the Case

Carter, Conboy, Case, Blackmore, Napierski & Maloney, P. C., Albany (Mark A. Rubeo of counsel), for appellant.

Cusick, Hacker & Murphy, L. L. P., Latham (John F. Harwick of counsel), for respondent.

PETERS, J. P., CARPINELLO, GRAFFEO and MUGGLIN, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

In DiMichel v South Buffalo Ry. Co. (80 N.Y.2d 184, cert denied sub nom. Poole v Consolidated Rail Corp., 510 U.S. 816), the Court of Appeals held that surveillance tapes which a defendant intends to use at trial are subject to pretrial discovery as materials prepared in anticipation of litigation under CPLR 3101 (d) (2) and...

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