TAPP v. NEW YORK STATE URBAN DEV. CORP.

9131N, 100306/11.

102 A.D.3d 620 (2013)

958 N.Y.S.2d 392

2013 NY Slip Op 547

TYLER N. TAPP, Respondent, v. NEW YORK STATE URBAN DEVELOPMENT CORPORATION et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 31, 2013.


The motion court correctly determined that plaintiff's mere possession and utilization of a Facebook account is an insufficient basis to compel plaintiff to provide access to the account or to have the court conduct an in camera inspection of the account's usage. To warrant discovery, defendants must establish a factual predicate for their request by identifying relevant information in plaintiff's Facebook account — that is, information that "contradicts or conflicts...

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