A 4-1 panel of the Appellate Division, First Department, blocked access to most of a personal injury plaintiff’s Facebook postings sought by the defendant, saying “unbridled disclosure of such information, based merely on speculation that some relevant information might be found, is the very type of ‘fishing expedition’ that cannot be countenanced.”
Justice David Saxe in dissent said, “If a plaintiff claims to be physically unable to engage in activities due to the defendant’s alleged negligence, posted information, including photographs and the various forms of communications (such as status updates and messages) that establish or illustrate the plaintiff’s former or current activities or abilities” should be discoverable.
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