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.
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.
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.
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.