Practice point: The order that plaintiff was not to have his own personal recording
device during depositions was an appropriate exercise of the court's power to
regulate discovery, pursuant to CPLR 3103, especially given plaintiff's habit
of tape recording conversations without notice to his interlocutor.
Student note: Plaintiff was required to provide his mental
health records, as he had affirmatively placed his mental and emotional state
at issue, and because plaintiff had not yet produced any documents, but
admitted to having responsive documents, the court properly ordered him to
produce the documents.
Case: Retamozzo v. Quinones, NY Slip Op 03888 (1st Dept.
2012).
Tomorrow’s issue: Transfer of interest in a cause of
action.
