N.Y. Appellate Court Reverses Trial Court Order Requiring IQ Test in Lead Paint Exposure Suit

ALBANY, N.Y. –– A New York appellate court has modified a trial court order that required a lead paint exposure plaintiff’s mother to submit her substance abuse and rehabilitation records, opining that since she is not a party to the litigation, such confidential records could not be compelled.

In the Nov. 20 order, the New York Supreme Court Appellate Division, Third Judicial Department, also reversed a part of the trial court’s order that allowed the defendants to seek the plaintiff’s mother to take an IQ test.

Jarrod Perez filed the lawsuit, contending that he incurred a number of injuries as …