Jessica H. v. Spagnolo
| Decision Date | 08 June 2007 |
| Docket Number | CA 06-02477. |
| Citation | 2007 NY Slip Op 05010,839 N.Y.S.2d 638,41 A.D.3d 1261 |
| Parties | JESSICA H., an Infant, by Her Parent and Natural Guardian, MICHELLE ARP, Respondent, v. ROCCO SPAGNOLO et al. Appellants. |
| Court | New York Supreme Court — Appellate Division |
Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered August 23, 2006. The order, among other things, denied that part of defendants' motion to compel plaintiff to disclose all medical and psychological records and reports of her treating and examining providers and to provide authorizations to obtain copies of any records concerning neuropsychological testing or examinations of plaintiff before her neuropsychological examination is conducted by defendants' expert.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting that part of the motion to compel plaintiff to disclose all medical and psychological records and reports of her treating providers and to provide authorizations to obtain copies of any records of her treating providers with respect to neuropsychological and IQ testing before her neuropsychological examination is conducted by defendants' expert and directing plaintiff to disclose those records and reports and to provide those authorizations before that examination is conducted and as modified the order is affirmed without costs.
Plaintiff, by her mother, commenced this action to recover damages for personal injuries she allegedly sustained as a result of her exposure to lead paint while residing in an apartment owned by defendants. Supreme Court denied defendants' motion seeking, inter alia, to preclude all third-party observers from attending the neuropsychological examination of plaintiff to be conducted by defendants' expert. Defendants then moved for leave to "renew and/or reargue" that motion, and they sought to compel plaintiff to disclose all medical and psychological records and reports of her treating and examining providers and to provide authorizations to obtain copies of any records concerning neuropsychological testing or examinations of plaintiff before her neuropsychological examination is conducted by defendants' expert. In the alternative, defendants sought a protective order allowing them to conduct the neuropsychological examination of plaintiff within 90 days after receiving the records and reports. The court denied the relief sought by defendants with respect to the neuropsychological examination "to the extent that the neuropsychological examination must take place with either plaintiff's counsel present or with a one/two...
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M.A.M. v. M.R.M., 2012–7767.
...unless [the] defendant makes a positive showing of necessity for the exclusion of such an individual.” Jessica H. v. Spagnolo, 41 A.D.3d 1261,1262, 839 N.Y.S.2d 638 (4th Dept.2007); citing A.W. v. County of Oneida, 34 A.D.3d 1236, 1237–1238, 827 N.Y.S.2d 790 (4th Dept.2006); see Ramsey v. N......
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...1236, 1237–1238, 827 N.Y.S.2d 790 ; see Flores v. Vescera, 105 A.D.3d 1340, 1340–1341, 963 N.Y.S.2d 884 ; Jessica H. v. Spagnolo, 41 A.D.3d 1261, 1262–1263, 839 N.Y.S.2d 638 ). Nonetheless, as the dissent notes, there is no requirement that a representative of plaintiff be present during th......
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Zimmer v. Thomas
... ... entitled to review these materials in preparation for trial ... and for use during cross examination. (See Jessica H. ex ... rel. Arp v Spagnolo. 41 A.D.3d 1261 [4th Dept 2007]; ... Drago v. Tishman Const. Corp. of New York. 4 Misc.3d ... 354 [Sup Ct 2004]) ... ...
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Flores v. Vescera
...that the presence of such an individual would impair the validity and effectiveness of the NPE ( see Jessica H. v. Spagnola, 41 A.D.3d 1261, 1262–1263, 839 N.Y.S.2d 638). It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.SCUDDER, P.J., CENTRA, LINDLE......