Egan Jr., J.
In December 2006, petitioner was allegedly assaulted on a downtown City of Albany street near the place of business of respondent Phlip 'N Spill, Inc. (hereinafter respondent). Believing that surveillance cameras installed at respondent's business might have captured the incident, petitioner commenced this proceeding pursuant to CPLR 3102 (c). In January 2007, Supreme Court ordered respondent and others to preserve the video recordings for the dates in...
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