Legal Opinion
Morano v. Slattery Skanska, Inc.
New York Supreme Court
Decided November 28, 2007PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Martin E. Ritholtz, J.
In a motor vehicle negligence action, does the mere fact that a defendant was in possession of a cell phone at the time of an accident entitle the plaintiff to said defendant’s cell phone records, in order to ascertain whether the cell phone was in use at that time, and with whom?
This underlying issue serves as the basis of plaintiffs instant motion, pursuant to CPLR 3120 and 3124, to enforce a subpoena duces tecum on Célico Partnership, doing business as Verizon Wireless, seeking defendant Esther Katoni’s cellular phone records for calls transmitted…
2Cases cited22 opinions
- Smith v. MarylandSupreme Court of the United States · 1979
- United States v. MillerSupreme Court of the United States · 1976
- Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
- People v. GissendannerNew York Court of Appeals · 1979
- Martin v. HerzogNew York Court of Appeals · 1920
17 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Detraglia v. GrantAppellate Division of the Supreme Court of the State of New York · 2009
- Mangione v. JacobsNew York Supreme Court · 2012
- In re Out-of-State Subpoenas Issued by the New York Counsel for State of California Franchise Tax BoardNew York Supreme Court · 2011
- Needleman v. TornheimAppellate Division of the Supreme Court of the State of New York · 2011
- People v. LommaNew York Supreme Court · 2012
2 more not listed; retrieve them via the Exa API.