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ZIMBLER v. RESNICK 72ND STREET ASSOCIATES

60 A.D.3d 548 (2009)

876 N.Y.S.2d 18

MARSHA ZIMBLER et al., Respondents, v. RESNICK 72ND STREET ASSOCIATES et al., Defendants, and THE BOARD MANAGERS OF THE OXFORD ON SEVENTY SECOND et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 24, 2009.

On the record presented, the motion court properly permitted plaintiffs to record the psychological examination of the infant plaintiff, provided that the stenographer is not present in the examination room (see Barraza v 55 W. 47th St. Co., 156 A.D.2d 271 [1989]; Milam v Mitchell, 51 Misc.2d 948, 950 [1966]). Defendants have not shown that the presence of a stenographer outside the...

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