In Nieves v. 30 Ellwood Realty, LLC, Case No 570350/12, 2013 N.Y. Misc. LEXIS 1525 (Sup. Ct. N.Y. 1st App. Dept. Apr. 11, 2013), a New York appellate court modified the trial court’s ruling requiring the plaintiff to produce Facebook information. The appellate court ordered the trial court to conduct an in camera review unless to do so would be unduly burdensome, in which case the trial court could direct the plaintiff to conduct an initial review of her own Facebook account, and limit the in camera inspection to items whose discoverability is contested by the plaintiff.
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