Bianco v. North Fork Bancorp.

NEW YORK COUNTY
Torts

New York Law Journal

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Justice Doris Ling-Cohan

Bianco sought to recover damages for injuries he allegedly sustained in the course of his employment as an electrical apprentice. Defendants sought to compel Bianco to supply discovery, including access to his Facebook account for an in camera inspection. They argued the information from Facebook was relevant in regard to Bianco's claims his injuries impacted his ability to enjoy his normal activities. The court noted that based on a liberal discovery standard, Bianco's deposition testimony and his claims as to the alleged impact of the subject accident on his lifestyle and alleged loss of enjoyment of life claims, defendants' motion seeking to compel production of Bianco's Facebook content was granted to the extent he was to produce the content for in camera review to a special referee. Upon submission and review, the referee would made a determination if the provided information was subject to disclosure and identify the specific discoverable information in accordance with Patterson v. Turner Construction. The court further granted defendants' motion to access the names and addresses of Bianco's parents and sister at their respective places of residence.

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