Motion Date: Jan. 14, 2013
Law Office of Michael H. Joseph, P.L.L.C By Michael D. Litmann, Esq. Attorney for Plaintiff Yolanda Monroy Freddy Monroy.
Law Office of Bryan M. Kulak By Alison H. Mazza, Esq. Attorneys for Defendant Claudine Halls-Meredith.
Richard T. Lau & Associates By Guy A. Moschetti, Esq. Attorneys for Defendant Edgar Reyes.
DECISION & ORDER
The following papers were read on this motion by plaintiff for an order compelling defendant Claudine Halls-Meredith to produce the cell phone number and cell phone carrier information for the cell phone used by her on March 25, 2009, around the time of the accident, at approximately 12:15 P.M.
Order to Show Cause - Affirmation in Support - Exhibits 1-2
Affirmation in Opposition - Exhibits A-B
Upon the foregoing papers and the proceedings held on January 14, 2013, this motion is determined as follows:
In this action to recover damages for personal injuries sustained in a motor vehicle accident, plaintiff now seeks an order compelling defendant Claudine Halls-Meredith to provide her cell phone number and cell phone carrier information at the time of the accident. It is undisputed that, at the time of the accident, plaintiff was a passenger in a motor vehicle being driven by defendant Freddy Monroy on the Southern State Parkway, their motor vehicle collided with a motor vehicle being driven by Edgar Reyes, and, prior to the accident, the motor vehicle being driven by defendant Halls-Meredith pulled off to the side of the Southern State Parkway'.
In the affirmation in support of the motion, plaintiffs counsel contends that defendant Hall-Meredith's vehicle suddenly braked and pulled off to the side of the road, causing the motor vehicle in which plaintiff was a passenger and which was being operated by defendant Monroy, to brake and swerve out of the way causing defendant Reyes' vehicle to hit defendant Monroy's vehicle. Plaintiffs counsel further contends that defendant Halls-Meredith's deposition provides a reason to believe that she was using her cell phone at the time the accident occurred. Plaintiffs counsel further contends that counsel for defendant Halls-Meredith improperly refused to allow her to provide her cell phone number during her deposition. Plaintiff contends that the issue of whether or not defendant Halls-Meredith was using her cell phone is relevant and material to her potential liability in this case, and plaintiff is entitled to the information.
In support of the motion, however, plaintiffs counsel only submitted three pages of the deposition transcript of defendant Halls-Meredith which contains the objection by defendant Halls-Meredith's counsel to a question regarding defendant Halls-Meredith's cell phone number.
Defendant Halls-Meredith opposes the motion on the basis that plaintiff failed to submit any evidence in admissible form in support of the allegation that defendant Halls-Meredith suddenly braked and caused defendant Monroy's vehicle to brake and swerve. In the affirmation in opposition, counsel for defendant Halls-Meredith notes that defendant Monroy has not yet appeared for a deposition. Moreover, counsel notes that upon being asked if defendant Monroy was braking or continuing to drive at the same speed prior immediately prior to the accident, plaintiff testified at her deposition that defendant Monroy was "just driving, " and she did not recall if any vehicles were traveling ahead of her prior to impact. Accordingly, counsel contends that plaintiff cannot even establish that defendant Halls-Meredith was traveling in ...