On April 10, 2024 a
Motion-Secondary
was filed
involving a dispute between
Eric Lai,
and
Xyz Corp. A K A Unidentified Service Provider,
Yahoo Inc., C O Corporation Trust Co.,
for Torts - Other (Defamation)
in the District Court of New York County.
Preview
EXHIBIT C
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
In the Matter of the Application of,
ERIC LAI, an individual Index No.:
Petitioner,
For an Order pursuant to Section 3102(c) of the Civil Practice
Law and Rules to compel pre-action disclosure from: [PROPOSED] ORDER
PURSUANT TO
YAHOO! INC., c/o CORPORATION TRUST CO. and CPLR § 3102(C)
UNIDENTIFIED SERVICE PROVIDERS(S)
Respondents,
of the identity of the defendants JOHN DOE(s) being unknown
to the Petitioner in an action to be commenced.
UPON the filing and reading of the Verified Petition of Eric Lai, dated April 10, 2024
(the “Petition”), the exhibits and supporting documents annexed thereto, the Affirmation of
David D. Lin, Esq., in Support of Petition dated April 10, 2024, the Memorandum of Law in
Support of Verified Petition submitted therewith, whereby Petitioner seeks an Order pursuant to
CPLR § 3102(c) for limited pre-action disclosure from Respondents, YAHOO! INC., c/o
CORPORATION TRUST CO. (“Yahoo!”) and any UNIDENTIFIED SERVICE PROVIDER(s)
(“Unidentified ISP”), and with good cause appearing, it is hereby:
1. ORDERED that the Petition for pre-action disclosure pursuant to CPLR §
3102(c) is GRANTED with regards to Yahoo!, and that a subpoena duces tecum shall issue in
the form annexed as Exhibit A to the Petition compelling limited disclosure by Respondent
Yahoo! of documents relevant to identifying the person(s) and/or accountholder(s) who
registered, used, accessed, or signed into the relevant account as specified in the operative
subpoena (synderpg1@yahoo.com); and it is further
2. ORDERED that the Petition for pre-action disclosure pursuant to CPLR §
3102(c) is GRANTED with regards to the Unidentified ISP(s), and that a subpoena duces tecum
shall issue in the form annexed as Exhibit B to the Petition compelling limited disclosure by any
internet service provider whom Petitioner identifies as providing services to the person(s) and/or
accountholder(s) identified by Yahoo!, of documents relevant to identifying the person(s) and/or
accountholder(s) who registered or used the IP address(es) identified by Yahoo!; and it is further
3. ORDERED that service of a copy of this Order shall be effectuated
contemporaneously with the operative subpoena(s).
______________________________
Document Filed Date
April 10, 2024
Case Filing Date
April 10, 2024
Category
Torts - Other (Defamation)
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