Richards v. Hertz Corp.
| Decision Date | 14 November 2012 |
| Citation | 100 A.D.3d 728,953 N.Y.S.2d 654,2012 N.Y. Slip Op. 07650 |
| Parties | Carlene RICHARDS, et al., plaintiffs, Michelle'le McCarthy, et al., respondents, v. HERTZ CORPORATION, et al., defendants, Dunn Trucking, Inc., et al., appellants. |
| Court | New York Supreme Court — Appellate Division |
100 A.D.3d 728
953 N.Y.S.2d 654
2012 N.Y. Slip Op. 07650
Carlene RICHARDS, et al., plaintiffs,
Michelle'le McCarthy, et al., respondents,
v.
HERTZ CORPORATION, et al., defendants,
Dunn Trucking, Inc., et al., appellants.
Supreme Court, Appellate Division, Second Department, New York.
Nov. 14, 2012.
[953 N.Y.S.2d 655]
Gallo Vitucci & Klar, New York, N.Y. (Yolanda L. Ayala of counsel), for appellants.
Torgan and Cooper (Pollack, Pollack, Isaac & De Cicco, New York, N.Y. [Brian J. Isaac], of counsel), for respondents.
MARK C. DILLON, J.P., PLUMMER E. LOTT, SHERI S. ROMAN, and JEFFREY A. COHEN, JJ.
[100 A.D.3d 728]In an action to recover damages for personal injuries, etc., the defendants Dunn Trucking, Inc., and Michael Wayne Dean appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Jacobson, J.), dated February 3, 2011, as denied their motion to preclude the plaintiffs Michelle'le McCarthy and Jadeen Richards from offering evidence on the issue of damages and granted the cross motion of those plaintiffs [100 A.D.3d 729]for a protective order pursuant to CPLR 3103 striking a demand for authorizations dated March 30, 2010, seeking access to all status reports, e-mails, photographs, and videos posted on the plaintiffs' Facebook profiles since the date of the subject accident.
ORDERED that the order is modified, on the law and in the exercise of discretion, by deleting the provision thereof granting that branch of the cross motion of the plaintiffs Michelle'le McCarthy and Jadeen Richards which was for a protective order pursuant to CPLR 3103 striking so much of the demand for authorizations dated March 30, 2010, as sought access to all status reports, e-mails, photographs, and videos posted on the Facebook profile of the plaintiff Michelle'le McCarthy since the date of the subject accident; as so
[953 N.Y.S.2d 656]
modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for an in camera inspection of all status reports, e-mails, photographs, and videos posted on the Facebook profile of the plaintiff Michelle'le McCarthy since the date of the subject accident, to determine which of those materials, if any, are relevant to her alleged injuries, and thereafter a new determination of that branch of the cross motion which was for a protective order pursuant to CPLR 3103 striking so much of the demand for authorizations dated...
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...some threshold showing before allowing access to a party's private social media information (see e.g. Richards v. Hertz Corp., 100 A.D.3d 728, 730–731, 953 N.Y.S.2d 654 [2d Dept.2012] [striking demand for Facebook information of one of the plaintiffs because there was no showing that the di......
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