VAN WERT v. RANDALL

514389.

100 A.D.3d 1079 (2012)

953 N.Y.S.2d 363

MELISSA VAN WERT, Appellant, v. ELIZABETH RANDALL et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

November 1, 2012.


McCarthy, J.

From approximately 1994 until 1996, plaintiff (born in 1991) and her family resided in two apartments owned by defendants. During that time period, tests indicated that plaintiff had elevated blood lead levels. In 2009, plaintiff commenced this action seeking damages for neurological injuries she alleges that she sustained as a result of exposure to lead-based paint in defendants' apartments. Following discovery, plaintiff moved for (1) a judicial subpoena...

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