A medical malpractice defendant cannot submit into evidence Facebook posts of the plaintiff allegedly discussing his physical activity because the defendant was unable to produce the person who printed out the posts to be deposed, a state appeals court ruled.
The ruling concerns a discovery dispute in a 13-year-old malpractice case in Brooklyn that had been set to go to trial in 2013 before defendant Jeffrey Goldstein moved to conduct an additional deposition of plaintiff Roy Lantigua—who had already been deposed three times already by that point—because of “newly discovered evidence.”
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