Legal Question in Civil Litigation in New York

Re: request the video surveillance from Store?

It sounds like you are ok, but outraged. That is always better than being seriously injured.

1. You have a right to request the video. Such a request is optional for the store.

2. On the other hand, if you file a lawsuit then you can 'subpoena' (subpoena duces tecum) the video and they must give it to you.

A subpoena can be issued by a lawyer or a judge. You would make a motion to the judge to issue the subpoena.

This is something that should be done quickly. Many organizations do not store such things for long periods of time. Even one week could be too long.

A competant attorney can draft a subpoena in less than 2 hours.

Re: request the video surveillance from Store?

It depends, is the store a party to the lawsuit? Does video exist? You may have a right, but it isn't absolute.

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.

Re: request the video surveillance from Store?

Yes. Once you file suit, your lawyer has the right to request such materials as part of conducting discovery for the suit. No, if you do not file suit.

Re: request the video surveillance from Store?

I am assuming you have already commenced an action for damages. If so, you can request the video tape.

Daniel Clement