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.), 94 N.Y.2d 740

Summary

Plaintiffs, a mother and infant son, sued defendants for damages resulting from alleged lead-paint injuries to plaintiff-infant. After reversal of a trial court order compelling plaintiff-mother to submit to an IQ examination under N.Y. C.P.L.R. 31, the appellate court certified the question of whether its reversal was proper. The court answered the certified question in the affirmative, disagreeing with defendants' position that the appellate court's decision was not a discretionary determination, but rather a "blanket prohibition" as a matter of law against discovery of maternal IQ in all lead paint cases. The court upheld the reversal, finding that the appellate court properly recognized New York's policy favoring open disclosure, and considered defendants' need for the information against its possible relevance, the burden of subjecting plaintiff mother to the test, and the potential for unfettered litigation on the issue of causation. Therefore, the appellate court did not ...