N.Y. Court Upholds Trial Court’s Decision Requiring Lead Paint Plaintiff to Submit to Medical Exam

ALBANY, N.Y. –– An appellate court in New York has declined to reverse a trial court decision in a lead paint exposure suit, finding no fault with the court’s order requiring the plaintiff to submit to an independent medical examination.

In the Nov. 20 ruling, the New York Supreme Court Appellate Division, Third Judicial Department, further upheld the court’s decision to deny a cross-motion for summary judgment brought by the plaintiff, saying there were triable issues regarding the defendant’s notice that lead paint was present in the apartment building.

Alana Harris contended in her lawsuit that she was exposed to …