Biscone v JetBlue Airways Corp.

Biscone v JetBlue Airways Corp. 2012 NY Slip Op 09020 Decided on December 26, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 26, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
DANIEL D. ANGIOLILLO
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
2012-00604
(Index No. 700140/10)

[*1]Katharine Biscone, etc., appellant,

v

JetBlue Airways Corporation, respondent, et al., defendants.




Paul S. Hudson, Valatie, N.Y., for appellant.
Holland & Knight LLP, New York, N.Y. (Christopher G. Kelly
and Christine Tramontano of counsel),
for respondent.


DECISION & ORDER

In a putative class action, inter alia, to recover damages for false imprisonment, negligence, intentional infliction of emotional distress, and fraud and deceit, the plaintiff appeals from an order of the Supreme Court, Queens County (Brathwaite Nelson, J.), dated December 16, 2011, which denied that branch of her cross motion which was for a protective order pursuant to CPLR 3103(a).

ORDERED that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying that branch of the plaintiff's cross motion which was for a protective order pursuant to CPLR 3103(a). In this electronically filed action, the plaintiff's concern that documents containing confidential information will be publicly available on the Internet is adequately addressed by the protection of secure information in electronically filed documents provided for in 22 NYCRR 202.5-b(d)(3)(iii).
MASTRO, J.P., ANGIOLILLO, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court