ROY LANTIGUA, ap, v. JEFFREY GOLDSTEIN, ETC., ET AL., RESPONDENTS def

ROY LANTIGUA, ap, v. JEFFREY GOLDSTEIN, ETC., ET AL., RESPONDENTS def — (INDEX NO. 25119/04) In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Dabiri, J.), dated October 2, 2014, as denied those branches of his motion which were pursuant to CPLR 3126 to strike the answer of the defendants Jeffrey Goldstein and Seaport Orthopaedic Associates, P.C., pursuant to CPLR 3103(c) to suppress the transcript of his deposition conducted on February 4, 2014, and, in effect, to preclude those defendants from offering as evidence at trial the printouts of Facebook pages which were marked as defendant's exhibit A at the plaintiff's deposition conducted on February 4, 2014, unless those defendants produced the person who obtained those printouts for a deposition.

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ROY LANTIGUA, ap, v. JEFFREY GOLDSTEIN, ETC., ET AL., RESPONDENTS def — (INDEX NO. 25119/04) In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Dabiri, J.), dated October 2, 2014, as denied those branches of his motion which were pursuant to CPLR 3126 to strike the answer of the defendants Jeffrey Goldstein and Seaport Orthopaedic Associates, P.C., pursuant to CPLR 3103(c) to suppress the transcript of his deposition conducted on February 4, 2014, and, in effect, to preclude those defendants from offering as evidence at trial the printouts of Facebook pages which were marked as defendant’s exhibit A at the plaintiff’s deposition conducted on February 4, 2014, unless those defendants produced the person who obtained those printouts for a deposition.

ORDERED that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof denying that branch of the plaintiff’s motion which was, in effect, to preclude the defendants Jeffrey Goldstein and Seaport Orthopaedic Associates, P.C., from offering as evidence at trial the printouts of Facebook pages which were marked as defendant’s exhibit A at the plaintiff’s deposition conducted on February 4, 2014, unless those defendants produced the person who obtained those printouts for a deposition, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

ROY LANTIGUA, ap, v. JEFFREY GOLDSTEIN, ETC., ET AL., RESPONDENTS def

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