PERROTTE v. 10 (2025)

Order, Supreme Court, New York County (Leslie Stroth, J.), entered on or about April 19, 2024, which denied plaintiff's motion to compel defendant Bloomberg L.P. to produce documents and denied Bloomberg's motion to compel plaintiff to produce her cell phone, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in denying plaintiff's motion to compel production of all internal complaints of sexual harassment, sex discrimination, hostile work environment, and retaliation made from 2016 to present against approximately 160 male managers working in its Sales and Analytics Department (see Andon v. 302–304 Mott St. Assocs., 94 N.Y.2d 740, 746, 709 N.Y.S.2d 873, 731 N.E.2d 589 [2000];  Allen v. Crowell–Collier Publ. Co., 21 N.Y.2d 403, 406, 288 N.Y.S.2d 449, 235 N.E.2d 430 [1968]).  Bloomberg previously produced the records concerning plaintiff's four direct managers for a period commencing two years prior to the date of her employment.  Records concerning complaints made against other managers both before and after plaintiff worked at Bloomberg are not relevant to her claims here.

The court also providently exercised its discretion in denying Bloomberg's motion to compel plaintiff to produce her cell phone for forensic review by a third-party vendor because Bloomberg presented no evidence that plaintiff's prior production of her text messages was incomplete or that she intentionally withheld or destroyed evidence (see Melcher v. Apollo Med. Fund Mgt. L.L.C., 52 A.D.3d 244, 245, 859 N.Y.S.2d 160 [1st Dept. 2008]).