Pecile v. Titan Capital Grp., LLC

• Citation: 2014 N.Y. Slip Op. 00425,979 N.Y.S.2d 303,113 A.D.3d 526
• Court: New York Supreme Court Appellate Division
• Decision Date: 23 January 2014
• Parties: Danielle PECILE, et al., Plaintiffs–Respondents, v. TITAN CAPITAL GROUP, LLC, et al., Defendants–Appellants.

113 A.D.3d 526

979 N.Y.S.2d 303

2014 N.Y. Slip Op. 00425

Danielle PECILE, et al., Plaintiffs–Respondents,

v.TITAN CAPITAL GROUP, LLC, et al., Defendants–Appellants.

Supreme Court, Appellate Division, First Department, New York.

Jan. 23, 2014.

Gordon & Rees, LLP, New York (Christopher A. Seacord of counsel), for appellants.

Thompson Wigdor LLP, New York (David E. Gottlieb of counsel), for respondents.

MAZZARELLI, J.P., FRIEDMAN, RENWICK, MOSKOWITZ, RICHTER, JJ.

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered June 19, 2013, which, to the extent appealed from, granted plaintiffs' motion to compel production of a computer CD of photographs, and denied, in part, defendants' motion to compel discovery, unanimously modified, on the law and the facts, to permit defendants limited discovery of plaintiffs' wage and job title history, and plaintiff Culicea's educational history, and otherwise affirmed, without costs.

In this sexual harassment action, plaintiffs allege, inter alia, being tricked into viewing naked pictures by defendant Russell Abrams. Thus, the motion court properly directed the exchange of the CD containing those alleged photographs, since they are material and necessary to the prosecution of this action (CPLR 3101; see also Allen v. Crowell–Collier Publ. Co., 21 N.Y.2d 403, 406, 288 N.Y.S.2d 449, 235 N.E.2d 430 [1968]; Anonymous v. High School for Envtl. Studies, 32 A.D.3d 353, 820 N.Y.S.2d 573 [1st Dept.2006] ). Given the personal nature of the photographs, we direct that the CD not be disseminated to anyone unconnected to the litigation.

However, defendants' demands for authorizations to obtain plaintiffs' entire cell phone and text message records, educational histories post-high school and complete employment files are overbroad ( see Manley v. New York City Hous. Auth., 190 A.D.2d 600, 593 N.Y.S.2d 808 [1st Dept.1993] ). Since Culicea's resignation letter arguably placed her academic status in issue, defendants should be permitted an authorization directing disclosure of her law school enrollment dates, beginning with her employment at defendants' hedge fund. Defendants' demands for plaintiffs' employment histories should be granted to the limited extent of providing plaintiffs' past wage histories and names of positions held, since plaintiffs have only placed their work histories at issue in the context of their financial worth as employees.

Regarding defendants' demand for access to plaintiffs' social media sites, they have failed to offer any proper basis for the disclosure, relying only on vague and generalized assertions that the information might contradict or conflict with plaintiffs' claims of emotional distress. Thus, the postings are not discoverable ( see Tapp v. New York State Urban Dev. Corp., 102 A.D.3d 620, 958 N.Y.S.2d 392 [1st Dept.2013] ).

Lastly, defendants correctly...