Published on:

Plaintiff Claims Demand for Evidence from Defendant is Too Extensive, NY Appellate Court Decides


This action was started by the plaintiff who is seeking recovery for personal injuries sustained by her children as a result of lead poisoning that allegedly occurred while they lived in their home that is owned by the defendants.

The defendant in the case has conducted lead inspections and lead abatements of the property and is requesting and order that requires the plaintiffs to supplement specific responses that are obtained in the bill of particulars and to respond to other discovery demands.

Defendant’s Demands

The specific demands from the defendant include that the plaintiffs indentify the dates that they were allegedly exposed to lead paint in the bill of particulars and to identify the dates that the conditions from lead exposure first manifested. The defendant is also requesting that the plaintiffs identify the particular statutes and regulations that were allegedly violated as well as how these statutes were violated. In addition, the defendant is requesting the claim for future economic loss is particularized; provide the defendants with copies of medical, educational, and employment records for both the infant plaintiffs and the parents and any siblings, and to provide any documents that are related to the lease of the property in question.

Court Discussion

The defendant has repeatedly requested that the plaintiff’s complaint is too broad. The defendant has made several good faith efforts to resolve the issues involved with the bill of particulars from the plaintiffs. The plaintiffs have remained unresponsive in the case.

The defendants have requested to question the plaintiff mother about the medical history of another child who lived with the plaintiffs during this time frame, but is not a plaintiff in the case. The counsel for the attorney refused to allow this to happen.

The defendants are seeking a resolution to the above issues and a determination to whether the defendants can question the plaintiff in regard to the other child of the household.

Court Decision

The defendants in this matter are requesting a large amount of information from the plaintiffs. The plaintiff mother has already answered over 100 questions in regard to the lead poisoning of her children. It is fully noted that the mother, father, and the siblings of the children plaintiffs are not part of this action. For this reason the court rules that the defendants are not allowed to question the mother about her other child in regard to her birth, education, etc. This portion of the motion by the defendants is denied.

The court is also denying the motion by the defendants requesting the educational records of the children and denies the request that one of the children take an I.Q. test.

The court will grant the portion of the motion requesting the dates that the lead poisoning occurred as well as when the first symptoms began to show up. In addition, the plaintiffs will provide the defendants with the requested medical records of the children. The plaintiffs will have 30 days to provide this information to the defendants.

If you have been injured in any way and wish to discuss the incident with a lawyer, contact Stephen Bilkis & Associates. One of our experienced New York lawyers will be happy to discuss your case with you during a free consultation at one of our offices. We have offices located all around the city of New York for your convenience.

Posted in:
Published on:

Comments are closed.

Contact Information