MATTER OF DeMEO v. CITY OF ALBANY


63 A.D.3d 1272 (2009)

879 N.Y.S.2d 840

In the Matter of DEREK DEMEO, Respondent, v. CITY OF ALBANY et al., Respondents, and PHLIP'N SPILL, INC., Doing Business as THE BAYOU CAFÉ, Appellant.

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

June 4, 2009.


Malone Jr., J.

In December 2006, petitioner was allegedly injured in a assault that was purportedly captured on various video cameras in the area, including those owned and operated by respondent Phlip'N Spill, Inc. (hereinafter respondent). In an effort to preserve the recordings, petitioner commenced this proceeding by order to show cause and petition against respondent and the other video camera owners. Thereafter, Supreme Court ordered respondent and the others...

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