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TAI TRAN v. NEW ROCHELLE CTR.

291 A.D.2d 121 (2002)

740 N.Y.S.2d 11

TAI TRAN et al., Respondents, v. NEW ROCHELLE HOSPITAL MEDICAL CENTER et al., Appellants.

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

March 21, 2002.

Attorney(s) appearing for the Case

Gerard K. Ryan, Jr., of counsel (Kelner & Kelner, attorneys), for respondents.

Samantha E. Quinn of counsel (Schiavetti, Corgan, Soscia, DiEdwards & Nicholson, LLP, attorneys), for appellants.

BUCKLEY, J.P., LERNER, RUBIN and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

WALLACH, J.

This appeal presents for resolution a deceptively simple question: When, in the pretrial course of a personal injury action, it appears that the defendant has recorded a surveillance of the plaintiff's daily activities with the apparent objective of undermining the latter's disability claim, is the defendant required by law to furnish the plaintiff a copy of the surveillance material prior to the plaintiff's further deposition...

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