Second Department Grants Demand for Cell Phone Records in Motor Vehicle Accident Case

On July 24, the Appellate Division, Second Department issued a ruling upholding the denial of a protective order with respect to cell phone records. The case arose from a 2017 accident in Levittown, New York after a motor vehicle struck a pedestrian as they were crossing the street.  The accident occurred at approximately 6:00 p.m. The driver of the motor vehicle left the scene. They then denied any involvement in the accident. Several months later, the pedestrian brought an action against the driver to recover damages for personal injuries he allegedly sustained as a result of the accident. Continue reading “Second Department Grants Demand for Cell Phone Records in Motor Vehicle Accident Case”

The New Year Marks New Changes Regarding the Admission of Records Produced by an Opposing Party

On August 28, 2018, a change to article 45 of the CPLR was enacted after being proposed by the Chief Administrative Judge and being recommended by the Advisory Committee on Civil Practice.  That change, involving the admission of opposing party documents, is set to go into effect on January 1, 2019. The new CPLR §4540(a) is designed to make the admission of documents created by an opposing party admissible without going through additional steps.
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