Addressing an issue that has divided New York courts statewide — and is currently before the New York Court of Appeals — a judge in Albany has refused to allow defendants in a lead paint case to explore the medical and intellectual pathologies of the infant plaintiffs’ parents and siblings.
New York Supreme Court Justice Joseph R. Cannizzaro flatly refused to order the mother to submit to an IQ test, declined to open the door to an inquiry into the medical, educational and developmental history of a non-party child and rejected a defense demand for access to family members’ health, occupational and other personal records.
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