DEFENDANTS WOULD OTHERWISE BE “DISADVANTAGED AND PREJUDICED”
In a childhood lead-poisoning case, both sides retained independent psychologists to perform a neuropsychological examination, and when the Bronx County Supreme Court directed that the litigants exchange their experts’ “raw testing data” used to generate their respective reports, an appeal ensued.
The Appellate Division, First Department, noted that since the parties were on “equal footing,” as both sides had undertaken an evaluation, it was of the view that the defendants would be “disadvantaged and prejudiced at trial” if the plaintiffs' supporting data were not supplied.
Believing that the court below had “providently exercised its discretion,” the AD1 left the outcome undisturbed.
Were these plaintiffs trying to test the limits there ….
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DECISION