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EVANS v. ROMAN

9292N, 9291.

172 A.D.3d 501 (2019)

100 N.Y.S.3d 26

2019 NY Slip Op 03693

Crystal Evans, Appellant, v. Henry Roman, M.D., Defendant, and Noakita Allen, R.N., et al., Respondents.

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

Decided May 9, 2019.

The court should not have directed plaintiff to produce her phone and all of the material stored on it because defendants failed to meet the threshold for disclosure by showing that their request for plaintiff's cell phone was reasonably calculated to yield information material and necessary to its defense (see Forman v Henkin, 30 N.Y.3d 656, 664-665 [2018]; AllianceBernstein L.P. v Atha, 100 A.D.3d 499

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