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DiMichel v. South Buffalo Railroad Co.

Court of Appeals of New York
604 N.E.2d 63 (N.Y. 1992)


Facts

Anthony DiMichel (plaintiff), an employee of the South Buffalo Railway Company (South Buffalo) (defendant), was injured when he fell while on the job. DiMichel brought suit against South Buffalo and during discovery, he asked South Buffalo to produce all surveillance films it may have that captured the fall. South Buffalo claimed that the films were not discoverable. DiMichel filed a motion to compel disclosure of the films. The trial court granted DiMichel’s motion and the appellate court affirmed. South Buffalo appealed.

Rule of Law

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Wachtler, C.J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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