OPINION OF THE COURT
MARTIN E. RITHOLTZ, J.
In a motor vehicle negligence action, does the mere fact that a defendant was in possession of a cell phone at the time of an accident entitle the plaintiff to said defendant's cell phone records, in order to ascertain whether the cell phone was in use at that time, and with whom?
This underlying issue serves as the basis of plaintiff's instant motion, pursuant to CPLR 3120 and 3124, to enforce a subpoena...
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