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ANDON v. 302-304 MOTT ST.

94 N.Y.2d 740 (2000)

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.)

Court of Appeals of the State of New York.

Decided May 11, 2000.

Attorney(s) appearing for the Case

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.

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.

OPINION OF THE COURT

CIPARICK, 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....

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