Mary D'Alessandro, as Administratrix of the Estate of Anthony Michael D'Allessandro, Deceased, Appellant, v Nassau Health Care Corporation et al., Defendants, and Jane A. Baldwin, Respondent. (Index No. 894/13), 137 A.D.3d 1195

Summary

HOLDINGS: [1]-The trial court erred in denying a motion, pursuant to CPLR 3124, by the administrator of a decedent's estate to compel a driver to provide authorizations for the complete records of her cellular telephone use because the administrator's motion papers adequately demonstrated that the issue of whether the driver was using her cellular telephone at the time of an accident was relevant to the administrator's contention that the driver was negligent in the operation of her motor vehicle under Vehicle and Traffic Law §§ 1225-c and 1225-d, the request was reasonably calculated to lead to the discovery of information bearing on the administrator's claims, and was sufficiently related to the issues in litigation to make the effort to obtain them in preparation for trial reasonable.