Andon v. 302-304 Mott Street Associates

94 N.Y.2d 740, 709 N.Y.S.2d 873, 731 N.E.2d 589 (2000)

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Andon v. 302-304 Mott Street Associates

New York Court of Appeals
94 N.Y.2d 740, 709 N.Y.S.2d 873, 731 N.E.2d 589 (2000)

Facts

Antonio Andon (plaintiff) was an infant who allegedly was injured by lead paint in his apartment. Antonio’s mother, Prudencia Andon (plaintiff), sued 302-304 Mott Street Associates and others (collectively, landlord) (defendants) on behalf of Antonio and herself to recover damages for Antonio’s injuries. During discovery, the supreme court granted the landlord’s motion to compel Prudencia to submit to an intelligence-quotient (IQ) test. The appellate division reversed, ruling that Prudencia’s mental condition was not discoverable under Civil Practice Law and Rules (CPLR) § 3121(a) because her mental condition was not in question in the litigation and was not discoverable under CPLR § 3101 because Prudencia’s IQ would not help resolve questions regarding the cause of Antonio’s injuries. The appellate division further observed that introducing Prudencia’s IQ to the case would unnecessarily expand the litigation and could lead to irrelevant inquiries into the causes of her IQ. The appellate division described its decision as being based on many variables, as having been “made as a matter of law and not as an exercise of discretion,” and as being based “on the law and the facts.” The landlord appealed.

Rule of Law

Issue

Holding and Reasoning (Ciparick, J.)

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