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    Welcome to CasePrepPlus An advance sheet service summarizing recent and significant New York appellate cases
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    Featured Case

    No Special Rules Apply to Discovery of Facebook Posts in a Personal Injury Action; the Scope of Discovery Should Be Based Upon Relevance to the Action Balanced Against Privacy Concerns

    The Court of Appeals, in a full-fledged opinion by Judge DiFiore, reversing the appellate division, clarified the standards to be applied to a defendant's discovery request for Facebook posts in a personal injury case. Plaintiff was injured falling from defendant's horse and alleged her cognitive and physical abilities were diminished significantly by her injuries. Plaintiff had posted pictures reflecting her lifestyle on her Facebook page, which was deactivated six months after the accident. Defendant sought plaintiff's entire “private” Facebook account, arguing that photographs and written postings (showing her cognitive abilities) were material and necessary to the defense (CPLR 3101(a)). “Supreme Court granted the motion to compel to the limited extent of directing plaintiff to produce all photographs of herself privately posted on Facebook prior to the accident that she intends to introduce at trial, all photographs of herself privately posted on Facebook after the accident that do not depict nudity or romantic encounters, and an authorization for Facebook records showing each time plaintiff posted a private message after the accident and the number of characters or words in the messages. ... ”. Forman v. Henkin, 2018 N.Y. Slip Op. 01015, CtApp 2-13-18

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    New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

    Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.