SYNOPSIS: Appellant railroad companies sought review of the orders of the Appellate Division of the Supreme Court in the Fourth Judicial Department (New York) regarding surveillance tapes in a person injury lawsuit.
-The court held that the surveillance tapes should have been turned over only after the former employees had been deposed.
Surveillance films should be treated as material prepared in anticipation of litigation, and as such, are subject to a qualified privilege that can be overcome only by a factual showing of substantial need and undue hardship.
CONCLUSION: The court held that the order of the appellate division should have been affirmed in the first case, and in the other case the order should have been reversed and a new trial granted.
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