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HAMILTON v. MILLER

Nos. 113, 114

23 N.Y.3d 592 (2014)

15 N.E.3d 1199

992 N.Y.S.2d 190

2014 NY Slip Op 4230

CHRISTOPHER HAMILTON, Appellant, v. JOHN MILLER et al., Respondents. SHAWN GILES, Also Known as SHAWN ANTHONY COFFEE, Appellant, v. A. GI YI et al., Respondents, et al., Defendants.

Court of Appeals of New York.

Decided June 12, 2014.

Attorney(s) appearing for the Case

Athari & Associates, LLC, Utica ( Mo J. Athari of counsel), for appellant in the first above-entitled action.

Ward Greenberg Heller & Reidy LLP, Rochester ( Eric J. Ward , Thomas E. Reidy , and Joshua M. Agins of counsel), for Jules Musinger and others, respondents in the first above-entitled action.

The Law Offices of Sliwa & Lane, Buffalo ( Stanley J. Sliwa of counsel), for John Miller and another, respondents in the first

Athari & Associates, LLC, Utica ( Mo J. Athari of counsel), for appellant in the second above-entitled action.

Hiscock & Barclay, LLP, Rochester ( Gary H. Abelson and Sanjeev Devabhakthuni of counsel), for Gerald Breen, respondent in the second above-entitled action.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains ( Debra A. Adler and William Wingertzahn of counsel), for A. Gi Yi , respondent in the second above-entitled action.

OPINION OF THE COURT

Chief Judge LIPPMAN.

We hold that, in these personal injury actions, it was an abuse of discretion to order plaintiffs to produce, prior to the defense medical examinations, medical reports detailing a diagnosis of each injury alleged to have been sustained by plaintiffs and causally relating those injuries to plaintiffs' exposure to lead-based paint.

I

Giles v Yi...

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