In DiMichel v. South Buffalo Ry. Co. (80 NY2d 184, 604 NE2d 63, 590 NYS2d 1 [1992]), the state's highest Court unanimously held that surveillance tapes made of the plaintiff in a litigation, of the type that would suggest that a plaintiff was faking or exaggerating his or her injuries, were not discoverable until the plaintiff had been deposed. The Court of Appeals, in fashioning such relief, feared that a plaintiff could tailor his or her testimony if presented with the tape prior to his or her sworn examination before trial.