Ford v. Rector
Decision Date | 15 February 2011 |
Parties | Barbara J. FORD, Plaintiff-Respondent, v. RECTOR, Church-Wardens, Vestrymen of Trinity Church in the City of New York, et al., Defendants-Appellants. |
Court | New York Supreme Court — Appellate Division |
81 A.D.3d 502
Barbara J. FORD, Plaintiff-Respondent,
v.
RECTOR, Church-Wardens, Vestrymen of Trinity Church in the City of New York, et al., Defendants-Appellants.
Supreme Court, Appellate Division, First Department, New York.
Feb. 15, 2011.
Epstein Becker & Green, P.C., New York (Carrie Corcoran of counsel), for appellants.
Bonnaig & Associates, New York (Mahima Joishy of counsel), for respondent.
SWEENY, J.P., MOSKOWITZ, DeGRASSE, FREEDMAN, RICHTER, JJ.
Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered March 18, 2010, which, to the extent appealed from as limited by the briefs, denied defendants' motion to compel production of plaintiff's home and mobile telephone records for the period January 1, 2003 to the present, unanimously modified, on the facts, to direct plaintiff to serve a response to item 15 of defendants' second request for the production of documents insofar as it pertains to telephone calls made by plaintiff to persons known by the names of Charles Reed a/k/a Charlie Reed and Earline Reed during the period January 1, 2008 to January 31, 2009, and otherwise affirmed, without costs.
While defendants' discovery request for all plaintiff's home and cellular telephone records dating from six years before the sending of the anonymous faxes that purportedly led to her termination was overly broad and unnecessarily burdensome, the denial of the request in its entirety was inappropriate, given defendants' showing of the need for the discovery. Defendants allege that plaintiff was terminated not in retaliation for commencing a discrimination suit but because of her involvement in the sending of certain anonymous faxes and her dishonesty during the investigation into the sending of the faxes. Plaintiff asserts that she does not know the person who allegedly caused
Contrary to defendants' contention, production of the remainder of the...
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...appearance is simply "not feasible as a practical matter" (Matter of Singh, 22 Misc.3d 388, 290 [Sup Ct Bronx Co 2009]; see Daniele, 81 A.D.3d at 502). To that end, a deponent seeking to change the presumptive venue or medium of a deposition must show good-faith reasonable efforts to overco......
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...appearance is simply "not feasible as a practical matter" (Matter of Singh, 22 Misc.3d 388, 290 [Sup Ct Bronx Co 2009]; see Daniele, 81 A.D.3d at 502). To that end, a deponent seeking to change the presumptive venue or medium of a deposition must show good-faith reasonable efforts to overco......
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Colwin v. Katz
...and is not tantamount to a fishing expedition ( see Ford v. Rector, Church–Wardens, Vestrymen of Trinity Church in the City of N.Y., 81 A.D.3d 502, 916 N.Y.S.2d 113 [1st Dept. 2011] ). It was not an improvident exercise of discretion for Supreme Court to deny those branches of defendants' m......
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Notices for Production
...memory, ever bestowed on mortal man , says jurist Joseph Henry Lumpkin. See Miller v. Cotton, 5 Ga. 341, 349 (1848). Ford v. Rector , 81 A.D.3d 502, 916 N.Y.S.2d 113 (N.Y.A.D. 1 Dept., 2011). A former employee’s home and mobile telephone records were material and necessary to the defense in......
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Notices for production
...memory, ever bestowed on mortal man , says jurist Joseph Henry Lumpkin. See Miller v. Cotton , 5 Ga. 341, 349 (1848). Ford v. Rector , 81 A.D.3d 502, 916 N.Y.S.2d 113 (N.Y.A.D. 1 Dept., 2011). A former employee’s home and mobile telephone records were material and necessary to the defense i......
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Notices for Production
...memory, ever bestowed on mortal man , says jurist Joseph Henry Lumpkin. See Miller v. Cotton, 5 Ga. 341, 349 (1848). Ford v. Rector , 81 A.D.3d 502, 916 N.Y.S.2d 113 (N.Y.A.D. 1 Dept., 2011). A former employee’s home and mobile telephone records were material and necessary to the defense in......