Andon v. 302-304 MOTT ST.
| Citation | 731 N.E.2d 589,94 N.Y.2d 740,709 N.Y.S.2d 873 |
| Court | New York Court of Appeals |
| Decision Date | 11 May 2000 |
| Parties | ANTONIO ANDON, an Infant, by His Mother and Natural Guardian, PRUDENCIA ANDON, et al., Respondents,<BR>v.<BR>302-304 MOTT STREET ASSOCIATES et al., Appellants. (And a Third-Party Action.) |
94 N.Y.2d 740
731 N.E.2d 589
709 N.Y.S.2d 873
ANTONIO ANDON, an Infant, by His Mother and Natural Guardian, PRUDENCIA ANDON, et al., Respondents,
v.
302-304 MOTT STREET ASSOCIATES et al., Appellants. (And a Third-Party Action.)
CIPARICK, J.
Argued April 4, 2000.Decided May 11, 2000.
[94 N.Y.2d 741]
[94 N.Y.2d 742]
Skadden, Arps, Slate, Meagher & Flom, L. L. P., New York City (Sheila L. Birnbaum, Wendy Fleishman and Hayden A. Coleman of counsel), for appellants.
Roura & Melamed, New York City (Alexander J. Wulwick of counsel), for respondents.
[94 N.Y.2d 743]
Michael D. Hess, Corporation Counsel of New York City (Leonard Koerner, Margaret G. King and Thomas G. Merrill of counsel), for City of New York, amicus curiae.
Andrew Zajac, Jericho, Elizabeth A. Fitzpatrick, Dawn C. DeSimone and Gail L. Ritzert for Defense Association of New York, Inc., amicus curiae.
Schneider, Kleinick, Weitz, Damashek & Shoot, New York City (Brian J. Shoot and James M. Lane of counsel), for New York State Trial Lawyers Association, amicus curiae.
Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY and ROSENBLATT concur; Judge BELLACOSA taking no part.
[94 N.Y.2d 744]
OPINION OF THE COURTCIPARICK, J.
We are called upon to decide whether, in this action for damages resulting from alleged lead-paint injuries to an infant plaintiff, the plaintiff-mother can be compelled to submit to an IQ examination in compliance with defendants' discovery demand under our civil action disclosure rules as a matter of law. We conclude, under the circumstances presented here, she cannot.
Plaintiff Prudencia Andon commenced this action on behalf of herself, derivatively, and her infant son, Antonio, to recover damages for injuries her son allegedly sustained from ingesting lead-based paint. These injuries include learning disabilities, developmental delays in speech and language skills, and behavioral problems. During pretrial discovery, defendants moved to compel plaintiff-mother under CPLR article 31 to submit to an IQ test to determine whether her son's cognitive disabilities were genetic. In support of their motion, defendants introduced an affidavit from Dr. Andrew R. Adesman, a pediatrician experienced in the evaluation of developmental deficiencies in children. Relying on unidentified "studies," Dr. Adesman concluded that maternal IQ is "extremely relevant" in assessing a child's potential cognitive development in the absence of lead exposure.
Plaintiffs opposed defendants' motion, arguing that the...
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Brito v. Gomez
... ... on a case-by-case basis with due regard for the strong policy supporting open disclosure" ( Andon v. 302304 Mott St. Assoc., 94 N.Y.2d 740, 747, 709 N.Y.S.2d 873, 731 N.E.2d 589 [2000] ). A trial ... ...
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Current Decisions.
...have refused to compel the mother to submit to an IQ examination during pretrial discovery. Andon v. 302-304 Mort Street Associates, 731 N.E.2d 589 (N.Y. 2000) in the New York Court of Appeals and 690 N.Y.S.2d 241 (App.Div. 1st Dep't 1999) The infant's injuries were alleged to include learn......