FALK v. INZINNA


299 A.D.2d 120 (2002)

749 N.Y.S.2d 259

BETTY K. FALK, Respondent, v. RICHARD A. INZINNA et al., Appellants et al., Defendant.

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

October 21, 2002.


Attorney(s) appearing for the Case

Ted M. Tobias, Melville (Gary Austin Manso of counsel), for appellants.

Napoli, Kaiser & Bern, LLP (Pollack, Pollack, Isaac & DeCicco [Scott Perez and Brian J. Isaac] of counsel), for respondent.

Robert P. Tusa, Garden City (David Holmes of counsel), for Madelon A. Knoerzer, defendant.

H. MILLER, J.P., TOWNES and CRANE, JJ., concur.


OPINION OF THE COURT

COZIER, J.

On this appeal, we consider whether a defendant in a personal injury action is entitled to insist upon a plaintiff's deposition prior to disclosure to the plaintiff of surveillance videotapes, in light of the 1993 enactment of CPLR 3101 (i). There is a conflict between the approaches adopted in the other Appellate Divisions based upon the recent ruling by the Appellate Division, First Department (see Tai Tran v New Rochelle...

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