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POLAKOFF v. NYU HOSPS. CTR.

10220N, 805029/16.

176 A.D.3d 613 (2019)

110 N.Y.S.3d 675

2019 NY Slip Op 07731

Dale Polakoff et al., Appellants, v. NYU Hospitals Center et al., Respondents.

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

Decided October 29, 2019.

Attorney(s) appearing for the Case

Herzfeld & Rubin, P.C., New York (Miriam Skolnik of counsel), for appellants.

Aaronson Rappaport Feinstein, & Deutsch, LLP, New York (Deirdre E. Tracey of counsel), for respondents.

Concur—Richter, J.P., Gische, Tom, Gesmer, Moulton, JJ.

CPLR 3101(i) provides in relevant part that "there shall be full disclosure of any films, photographs, video tapes or audio tapes" involving a party and its agents or employees. This provision applies "regardless of who created the recording or for what purpose," and "requires `full disclosure,' without regard to whether the party in possession of the recording intends to use it at trial" (Bermejo v New York City Health &...

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