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TAI TRAN v. NEW ROCHELLE HOSP

99 N.Y.2d 383 (2003)

786 N.E.2d 444

756 N.Y.S.2d 509

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

Court of Appeals of the State of New York.

Decided February 20, 2003.

Attorney(s) appearing for the Case

Kelner & Kelner, New York City (Gerard K. Ryan, Jr., of counsel), for appellants.

Schiavetti, Corgan, Soscia, DiEdwards and Nicholson, LLP, New York City (Samantha E. Quinn of counsel), for respondents.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY and READ concur; Judge GRAFFEO taking no part.

OPINION OF THE COURT

ROSENBLATT, J.

In the world of personal injury litigation, defendants will sometimes conduct videotaped surveillance seeking to verify the extent of plaintiffs' injuries or to establish that plaintiffs have feigned or exaggerated them. We addressed these kinds of surveillance tapes in DiMichel v South Buffalo Ry. Co. (80 N.Y.2d 184 [1992]) and...

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