The plaintiff's request for the disclosure of the defendant's cell phone records is not a mere fishing expedition. The motion papers adequately demonstrate that the request for disclosure may result in relevant evidence, is reasonably calculated to lead to the discovery of information bearing on the plaintiff's claim, and is sufficiently related to the issues to make it reasonable to get them in preparation for trial reasonable. The defendant's motion for a protective order against production is denied, and the plaintiff's motion to compel production is granted.
Mendives v. Curcio, NY Slip Op 05771 (2d Dep't July 24, 2019)
Here is the decision.
