It was reported in Westlaw on August 15, 2017, that Manhattan Supreme Court Justice Lynn R. Kotler denied a motion by Gray Line NY Tours requesting access to a plaintiff's social media accounts because: "defendant failed to demonstrate that plaintiff's private postings from the date of accident to present from her Facebook page would be reasonably calculated to lead to discovery of information ...that effect her employment and day to day activities." The plaintiff was a passenger on the defendant's bus and suffered injuries when the bus came into contact with another vehicle. When questioned at her deposition the plaintiff admitted that she posted photos of her family and comments by her all of which were publicly available on Facebook. The defendant was already in possession of 19 pages of Facebook postings--none of which contradicted her deposition testimony.

After the deposition the defendant demanded plaintiff turn over photographs and postings from Instagram, Snapchat and Pinterest. As the Court pointed out--this was an impermissible fishing expedition as the defendant didn't even know whether the plaintiff maintained such accounts (deposition omission).2017 WL 3334697