Legal Question in Personal Injury in New York

Well, this is not an easy solution, but the first step is to write a letter and send it certified mail advising the College that they may have evidence of a crime on tape as well as evidence to be used in a civil lawsuit and you are respectfully putting them on notice to preserve that evidence. This is important because many security cameras re-tape over important events and the film is lost forever.

The second step is one of three options. Option 1 - make a claim to your insurance company and advise that college has the incident on tape and let the insurance company run with the ball. Option 2 - more costly - hire an attorney to make an application in NYS Supreme Court for pre-application discovery. Once a case has been opened, the attorney will have the power to subpoena the tape so it can be viewed. Option 3 - file a police report, if you have not already done so, and advise that the incident is on tape. Hopefully the police will investigate and the College will either voluntarily cooperate or the police can obtain a warrant.