MILLER v. LEWIS

11358/09

40 Misc.3d 490 (2013)

963 N.Y.S.2d 837

2013 NY Slip Op 23133

SHIRLEY MILLER, by YEHUDA MILLER et al., Guardians of the Person and Property of SHIRLEY MILLER Pursuant to the Laws of the State of Israel, Plaintiffs, v. HENRY F. LEWIS et al., Defendants.

Supreme Court, Kings County.

Decided March 20, 2013.


Attorney(s) appearing for the Case

Torgan Cooper & Aaron, PC., New York City ( Evan Torgan of counsel), for plaintiffs. Cozen O'Connor , New York City ( Eric Berger of counsel), for defendants.


OPINION OF THE COURT

LEON RUCHELSMAN, J.

The plaintiff has moved seeking to preclude the introduction of any evidence, in any manner, of Shirley Miller's cell phone records. The defendants have opposed the motion. Papers were submitted by the parties and arguments held. After reviewing all the arguments this court now makes the following determination.

On December 19, 2008 the plaintiff Shirley Miller was hit by a truck driven by defendant Henry...

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