Eisenberg v. Amazon Logistics, Inc.

2025 NY Slip Op 30379(U)
CourtNew York Supreme Court, New York County
DecidedJanuary 30, 2025
DocketIndex No. 150852/2022
StatusUnpublished

This text of 2025 NY Slip Op 30379(U) (Eisenberg v. Amazon Logistics, Inc.) is published on Counsel Stack Legal Research, covering New York Supreme Court, New York County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eisenberg v. Amazon Logistics, Inc., 2025 NY Slip Op 30379(U) (N.Y. Super. Ct. 2025).

Opinion

Eisenberg v Amazon Logistics, Inc. 2025 NY Slip Op 30379(U) January 30, 2025 Supreme Court, New York County Docket Number: Index No. 150852/2022 Judge: Lisa S. Headley Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. INDEX NO. 150852/2022 NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 01/30/2025

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. LISA S. HEADLEY PART 28 Justice ---------------------------------------------------------------------------------X INDEX NO. 150852/2022 ERIC EISENBERG, MOTION DATE 10/09/2024 Plaintiff, MOTION SEQ. NO. 004 -v- AMAZON LOGISTICS, INC.,ALPHA CARTING COMPANY, BETA CARTING COMPANY, BERNARD WILSON, DECISION + ORDER ON ANTONIO DOE, KURT ROE MOTION Defendant. ---------------------------------------------------------------------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 004) 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 203, 204, 205 were read on this motion to/for ORDER OF PROTECTION .

Defendant, Bernard Wilson (“Wilson”), filed this motion for an Order, pursuant to CPLR § 3103(a), for the issuance of a protective order as against Plaintiff’s second supplemental demand for discovery and inspection dated August 27, 2024, and second notice to admit dated August 16, 2024. Defendant Wilson’s motion seeks to strike plaintiff’s demands because certain demands are outside the scope of discovery, irrelevant and/or palpably improper. Defendant Wilson’s motion also seeks an Order, pursuant to CPLR §§ 3103 and 2304, for the issuance of a protective order to quash the subpoenas served on non-party, N-Quad Logistics, LLC (“N-Quad”), on September 6, 2024, and served on the NYC Office of Administrative Trials and Hearings on September 10, 2024. Plaintiff, Eric Eisenberg (“Plaintiff”), filed a cross-motion for an Order, pursuant to CPLR §3126(3), to strike Defendant Wilson’s Answer; and for an Order, pursuant to CPLR § 3124, to compel Defendant Wilson to: 1) produce items responsive to Plaintiff’s Second Notice for Discovery and Inspection within 20 days 2) submit to a deposition and 3) comply with Section 6(a) of the Preliminary Conference Order. Lastly, the Plaintiff’s cross-motion seeks an Order, pursuant to CPLR § 3123(a), to find that Defendant Wilson has been deemed to admit each of the matters in Plaintiff’s Second Notice to Admit or, in the alternative, to compel Defendant Wilson to respond to the Second Notice to Admit within 20 days. CPLR § 3123(a) provides, in relevant part, that “a party may serve upon any other party a written request for admission by the latter of the genuineness of any papers or documents ..., or of the truth of any matters of fact set forth in the request, as to which the party requesting the admission reasonably believes there can be no substantial dispute at the trial and which are within

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the knowledge of such other party or can be ascertained by him upon reasonable inquiry.” If the item in the written request is not explained or denied within 20 days after service of the notice, it is deemed admitted. See, Priceless Custom Homes, Inc. v. O'Neill, 104 A.D.3d 664, 664 (2d Dep't 2013); Nacherlilla v. Prospect Park Alliance, Inc., 88 A.D.3d 770, 771 (2d Dep't 2011). CPLR §3103 authorizes protective orders to prevent abuse in the discovery process. CPLR § 3103. “The court may at any time on its own initiative, or on motion of any party or of any person from whom the discovery is sought, make a protective order denying, limiting, conditioning, or regulating the use of any disclosure device. Such order shall be designed to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or other prejudice to any person or the courts.” Id.; see also, O'Mahony v. Axcan Scandipharm, Inc., 2008 N.Y. Slip Op. 31783[U] (N.Y. Sup Ct, Nassau County 2008). I. Defendant Wilson’s Motion for a Protective Order as against Plaintiff’s second notice to admit dated August 16, 2024 Plaintiff’s August 16, 2024, Notice for Discovery and Inspection, Paragraph 22 states: “Produce the long-sleeve shirt with the words “amazon logistics” on the chest that You are shown wearing in the video produced in this action as EISENBERG_0015. Below is a screenshot of that video at timestamp 01:43 showing the referenced shirt circled in red. You have admitted that You are the individual depicted in the referenced video wearing the referenced shirt. Response to Notice to Admit at Response No. 1.

Defendant Wilson argues Plaintiff’s second notice of discovery and inspection is intended to annoy and harass Defendant Wilson. Defendant also argues that “the competing interests of the parties weigh in favor of the moving Defendant as the production of the long-sleeved T-shirt has no bearing on the truth-finding goals of the discovery process.” Therefore, the Plaintiff’s request is palpably improper and unreasonable. In opposition, the plaintiff asserts that he sent a good-faith letter requesting that Wilson provide the required information. Here, this Court finds that the plaintiff’s request of producing the shirt the defendant was wearing on the date of the incident to be unreasonable, and therefore, the defendant Wilson is directed to not respond. II. Defendant Wilson’s Motion for a Protective Order as against Plaintiff’s second notice to admit dated August 27, 2024 Defendant Wilson asserts that Plaintiff’s second notice to admit contains forty-six paragraphs of requests that are palpably improper and contains material issues that go to the heart of this case. (See, Exhibit J, NYSCEF Doc. No. 179). Wilson's second notice to admit seeks admissions of information regarding the ownership of Wilson’s long sleeve t-shirt, employment, and information contained in video recordings that go to the heart of the case and can only be determined after a full and complete trial. In the motion, defendant Wilson argues that plaintiff already produced photographs and videos with over eight minutes of the incident on plaintiff’s own camera. Therefore, the notice to

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admit is “nothing more than an abuse of the discovery process and designed to prejudice defendants so the videos can be taken out of context.” In opposition, plaintiff asserts that based on his review of the recordings of the alleged assault, there were witnesses at the scene who defendant Wilson could likely identify, including two workers who defendant Wilson refers to as “Antonio” and “Kurt.” The purpose of the notice to admit is “to eliminate from the issues in litigation matters, which will not be in dispute at trial.” Priceless Custom Homes, Inc. v. O'Neill, supra [internal quotation marks and citation omitted]; Rosenfeld v. Vorsanger, 5 A.D.3d 462, 462 (2d Dep't 2004). “Factual matters are easily provable and about which there can be no controversy.” Taylor v. Blair, 116 A.D.2d 204, 206 (1st Dep't 1986) [internal quotation marks and citation omitted]; Rosenfeld v. Vorsanger, 5 A.D.3d at 462 [proper to seek admission that specific document was faxed by one attorney to another]; Murphy v. University Club, 200 A.D.2d 532, 533 (1st Dep't 1994) [request for admission as to whether construction contract was in effect, a fact not genuinely disputed, proper]).

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2025 NY Slip Op 30379(U), Counsel Stack Legal Research, https://law.counselstack.com/opinion/eisenberg-v-amazon-logistics-inc-nysupctnewyork-2025.