The Second Department determined plaintiff’s motion to compel disclosure original documents in this medical malpractice action for forensic analysis was properly denied (albeit for the wrong reason). The court explained the deficiencies in the plaintiff’s motion:
As to the motion to produce original records for forensic analysis, the plaintiff failed to establish that the proposed testing was not destructive, and failed to adequately indicate the extent to which the testing would alter or destroy the original records … . Moreover, the plaintiff failed to establish adequate justification for the testing … . Freely v Donnenfeld, 2017 NY Slip Op 03490, 2nd Dept 5-3-17
CIVIL PROCEDURE (CRITERIA FOR DISCLOSURE OF ORIGINAL DOCUMENTS FOR FORENSIC TESTING EXPLAINED, NOT MET HERE)/DISCLOSURE (ORIGINAL DOCUMENTS, CRITERIA FOR DISCLOSURE OF ORIGINAL DOCUMENTS FOR FORENSIC TESTING EXPLAINED, NOT MET HERE)/FORENSIC ANALYSIS OF ORIGINAL DOCUMENTS (CIVIL PROCEDURE, CRITERIA FOR DISCLOSURE OF ORIGINAL DOCUMENTS FOR FORENSIC TESTING EXPLAINED, NOT MET HERE)