This motion concerned the scope of documentary discovery in a defamation action.
The defendant sought to compel the plaintiff to produce documents related to prior arrests, hospitalizations, a diversion program, communications with Columbia University, and employment/health records, arguing relevance to justification and mitigation of damages.
The court dismissed the defendant's motion, holding that the requested documents went beyond the narrow scope of documentary discovery permitted in defamation cases, particularly when justification is pleaded.
The court emphasized that a defendant cannot embark on a "fishing expedition" to buttress general allegations or to impugn the plaintiff's character and credibility through unrelated past incidents, especially when such incidents were not known to the defendant at the time of the alleged defamation or properly pleaded for mitigation.
