Where the plaintiff's job performance is not at issue, the demand for production of her entire employment file for three-years prior to the accident is overly broad and neither material nor necessary to her claim of a traumatic brain injury. The disclosure of records regarding her two knee replacements is appropriate, however, as the records are sufficiently related to her claim that, as a result of the accident, she had impaired instability and balance.
Wilson v. Simpson W. Realty, LLC, NY Slip Op 00053 (1st Dep't January 2, 2020)
Here is the decision.
