Legal Question in Civil Rights Law in New York

Co op Board refuses to give me a copy of videotape.

Hi,

I fell over a roll out rug in the lobby of my building. It was taped on the survillence monitor. It clearly reveals that my foot got caught under the rug. I have formally requested a copy of the tape and the Board of Directors of the Co op has not returned my calls, nor the managing agent. I have been hospitalized for 7 weeks and have had surgery. My question is do I have the right to get a copy of the tape ? They don't seem to think so. Thanks


Asked on 4/05/06, 10:58 pm

3 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Co op Board refuses to give me a copy of videotape.

Absent a court action, they do not have to give you the tape, but if you start a legal action they will be required to do so as part of the discovery process.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 4/06/06, 9:50 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Co op Board refuses to give me a copy of videotape.

Generally you would have to be in the middle of a law suit in order to have a right to access to the tape, as evidence.

I would immediately contact an attorney willing to handle this case on contingency, meaning no charge what so ever to you unless he wins the case.

Feel free to contact me regarding this matter

Carlos Gonzalez, Esq.

phone: 7185419077

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Answered on 4/06/06, 4:09 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Co op Board refuses to give me a copy of videotape.

Yes you do. Either they are hoping you will give up, or they are hoping that you won't go to court, which is the only way you can force them to turn it over(a subpoena or court order.)

If you were injured, and there is a chance you may actually need it to prove your case, keep track of everything that happens now with regard to the tape. In the event it is erased or destroyed, that is called spoliation of evidence, and would entitle you to a favorable

inference, adverse to the coop's interest, in a jury charge.

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Answered on 4/06/06, 12:07 am


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