Legal Opinion
Tener v. Cremer
Appellate Division of the Supreme Court of the State of New York
Decided September 22, 2011PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
Moskowitz, J.
This appeal provides us with the first opportunity to address the obligation of a nonparty to produce electronically stored information (ESI) deleted through normal business operations. The action underlying this discovery dispute concerns a statement about plaintiff that someone posted on a Web site known as Vitals.com on April 12, 2009. Plaintiff claims this statement defamed her.1
Plaintiff claims that through discovery she managed to trace the Internet protocol (IP) address of the computer from which the allegedly defamatory post originated “to a computer…
2Cases cited4 opinions
- Yalkowsky v. YalkowskyAppellate Division of the Supreme Court of the State of New York · 1983
- Gray v. GiarrizzoAppellate Division of the Supreme Court of the State of New York · 2008
- Carrick Realty Corp. v. FloresCivil Court of the City of New York · 1993
- W.H.P. 20, Inc. v. Oktagon Corp.Appellate Division of the Supreme Court of the State of New York · 1998
3Cited by17 opinions
- El-Dehdan v. El-DehdanNew York Court of Appeals · 2015
- Strong v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- U.S. Bank National Ass'n v. Greenpoint Mortgage Funding, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Harry Weiss, Inc. v. MoskowitzAppellate Division of the Supreme Court of the State of New York · 2013
- Sang Cheol Woo v. SpackmanAppellate Division of the Supreme Court of the State of New York · 2021
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