On March 19, 2019, the Appellate Division First Department issued a decision in which they held the notes of an IME observer were privileged. The Court’s decision settled the variance between the trial Courts of whether the notes of an IME observer are protected by the attorney-client privilege. In the case of Markel v. Pure Power Boot Camp, Inc., the Plaintiff sought damages for a knee injury she sustained while participating in an exercise drill at defendants’ gym. As part of the discovery process, the Plaintiff was asked to appear for an independent medical exam (IME) by an orthopedist to ascertain the extent of her injuries, if any.
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Tag: appellate division
New York Appellate Division 1st Department Rules on Discovery of Facebook Posts
The defendant sought to introduce evidence from the plaintiff’s Facebook account to contradict the plaintiff’s claim that her “social network went from huge to nothing.” During deposition, the plaintiff had admitted to posting photographs depicting her engaged in fun activities. The plaintiff had deactivated her Facebook account sometime after the accident and after the commencement of the case. Subsequently, the defendant made a motion to obtain all the plaintiff’s Facebook records without limitation. This included all text messages sent through Facebook, photographs, and any other content posted.
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Appellate Division Holds that Liability May be Imposed on the City for Negligence in Hiring an Officer with Violent Propensities
The case concerned a young mother who had maintained a relationship with a New York City Police Officer 22 years her senior, since she was 16. In July 2007, he shot and killed her, then shot and killed himself. The victim was survived by her infant daughter. The administrator of the estate alleged that before the murder, numerous complaints were made to the City regarding the officer’s abusive conduct toward the victim and her daughter.
Appellate Division, Second Department Holds Court Approval Necessary Before Recording an Independent Medical Examination to be Used at Trial
This month, the New York Appellate Division, Second Department, considered whether an attorney must obtain permission from the court prior to recording an Independent Medical Examination, and whether failing to provide such a recording to opposing counsel constituted a violation of CPLR 3101. The Court answered both questions affirmatively.
Venue in case against Suffolk County School District is changed to Kings County
CPLR 504, in part, requires that the venue for all trials against school districts take place in the county in which the school district is located. Courts have further noted that CPLR 504 not only applies to school districts, but also to counties, cities, towns, and villages. The statute’s purpose is to safeguard municipal entities from the inconveniences that result if venue could be placed in another county. However, despite the strict statutory language, courts have held that a venue may, in fact, be changed upon a showing of special circumstances.
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