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SAVINO v. GREAT ATL & PAC TEA CO., INC.

22 Misc.3d 792 (2008)

869 N.Y.S.2d 334

KATHLEEN SAVINO et al., Plaintiffs, v. GREAT ATLANTIC AND PACIFIC TEA CO., INC., Doing Business as WALDBAUM'S, Defendant.

Supreme Court, Queens County.

Decided December 11, 2008.

Attorney(s) appearing for the Case

Crafa & Sofield, P.C., Rockville Centre (Joseph Crafa of counsel), for plaintiffs.

Boeggeman, George & Corde, P.C., White Plains (Robert S. Ondrovic and Daniel E. O'Neill of counsel), for defendant.

OPINION OF THE COURT

CHARLES J. MARKEY, J.

The significant legal issue in this civil action, brought by the plaintiffs' motion to compel discovery, is the production of a video surveillance tape of an accident or incident that occurred in a store or in some premises and related records, notes, and information. No examinations before trial have begun because the parties have taken starkly different positions on whether the video surveillance tape and the...

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