You can also attach the footage to a notice to admit
Robert D. Martin
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Sender: Carl Weinberg
Date: 6/16/2026 10:42:48 AM
Personally, I think Id take the risk and save it for cross, bringing a copy of the footage to Court and being prepared to offer it if plaintiff doesnt concede what it shows. Of course, he can always resort to saying, That was just a good day. At all other times, Im paralyzed, but I dont think the jurys likely to buy that.
Its not surveillance you procured, so I dont think it falls under those restrictions in terms of notice requirements. And, since the wife posted it, the plaintiffs can hardly claim theyre not on notice of it anyway.
Carl D. Weinberg | SCHIAVETTI CORGAN DiEDWARDS WEINBERG & NICHOLSON LLP
711 Westchester Avenue, Suite 406 | White Plains, NY 10604 | www.schiavetti.com
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Sent: Tuesday, June 16, 2026 10:19 AM
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Subject: Using good social media footage at trial
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Sender: Robert Lapping
Date: 6/16/2026 10:16:09 AM
My partner has good (maybe even great) social media footage of plaintiff, posted by his wife, using his allegedly flaccid arm. We just found and recovered the posts. There is no question its him.
Jury selection starts today. Plaintiff didnt turn the stuff over to us, and we have not (yet) disclosed it.
Any thoughts on what we have to do to successfully introduce the footage at trial? Would be most effective if sprung on pltf on cross after having him testify how useless the arm is.
Robert K Lapping
Kerley, Walsh, Matera & Cinquemani, P.C.
2174 Jackson Avenue
Seaford, New York, 11783
516 409 6200
rlapping@kerleywalsh.com