## Facts

- In a pending matrimonial action, the husband used a notebook computer issued by his employer, Citibank, for work and kept it in the marital residence.
- It was disputed whether the husband also used the computer for personal purposes, but the parties’ children used it for homework and other household tasks.
- The wife removed the computer from the marital home and delivered it to her attorney for safekeeping, believing it contained financial records relevant to equitable distribution and support.
- The husband sought return of the computer and opposed the wife’s access, asserting the computer contained no relevant information and that it was Citibank’s property.
- Citibank intervened, claiming ownership of the computer and asserting confidentiality interests in any business data stored on it.

## Issues

1. Whether the wife acted wrongfully by removing the employer-owned notebook computer from the marital home and placing it with counsel.
2. Whether the wife was entitled to discovery of potentially relevant financial and personal business data stored in the computer’s memory notwithstanding the husband’s objections and Citibank’s ownership and confidentiality claims.
3. What inspection and production method should be imposed to protect privilege and third-party confidentiality while permitting discovery of relevant information.

## Decision

- The court held the wife’s removal of the computer from the marital home and delivery to her attorney for safekeeping was not wrongful.
- The court permitted discovery of relevant information stored in the computer’s memory, despite Citibank’s ownership of the hardware.
- The court required a structured inspection protocol, including copying/imaging by a neutral technical process, staged review for privilege and proprietary claims, and in camera review of disputes as needed.
- Production to the wife was limited to materials determined to be relevant to the matrimonial issues, with protection for confidential Citibank information and privileged matter.

## Legal Principles

- Electronically stored information is discoverable to the same extent as traditional “documents”; the storage medium does not change discoverability.
- A computer kept in the marital residence and used under a spouse’s control may be treated like a home file repository for discovery purposes, even if a third party owns the device.
- A party’s unsupported assertion that a device contains nothing relevant does not, by itself, bar reasonable inspection where relevance is plausibly shown.
- Courts may balance discovery rights against privacy, privilege, and third-party confidentiality through protective protocols, including neutral imaging, staged privilege review, and in camera adjudication of disputed items.

## Conclusion

The court allowed inspection of an employer-owned laptop used and kept in the marital home, holding that potentially relevant computer-stored financial information was discoverable in the divorce action, but only through a controlled process designed to protect privilege and Citibank’s confidential business data.


Byrne v. Byrne, 650 N.Y.S.2d 499 (N.Y. Sup. Ct. 1996)