Continuing to diverge from the Second Department in its treatment of discovery in lead paint cases, the Appellate Division, First Department, ruled yesterday that a Manhattan Supreme Court justice erred when she ordered an IQ examination of the mother of a boy in his suit over injuries allegedly caused by exposure to lead-based paint.
Unanimously reversing a ruling by Manhattan Supreme Court Justice Jane Solomon that had granted a defense motion to compel the mother’s IQ test, the First Department panel in Andon v. 302-304 Mott Street Associates found that the mere suggestion of a correlation between a mother’s IQ and a child’s intelligence is insufficient to justify testing the mother.
