The state’s highest court may soon decide when private Facebook accounts are off-limits in lawsuits.
A Manhattan appeals panel split Thursday over the issue, paving the way for the possible legal battle in Albany.
At issue is a case involving a New York woman named Kelly Forman, who sued a friend after falling off a horse on his Hamptons estate in 2011.
Forman claimed she was on pal Mark Henkin’s horse when the stirrup snapped. She said she suffered a brain injury that led to “social isolation” and “difficulty in communicating,” according to court papers.
Henkin’s lawyers sought a look at Forman’s Facebook messages and photos to see if she’s telling the truth about her injuries.
The midlevel appeals court ruled 5-1, in Forman’s favor, saying that her Facebook posts could not be used by lawyers on a “fishing expedition.”
But a dissenting judge, David Saxe wrote that the disclosure of digital information for a personal-injury suit should be “no different than if the demand concerned hard copies of documents in filing cabinets.”


