Cooper v. McInnes

Appeal from an order of the Supreme Court (O’Shea, J.), entered February 14, 2013 in Chemung County, which, among other things, denied plaintiffs’ motion for a protective order.

Plaintiffs commenced this negligence action alleging various injuries caused by exposure to lead paint when they were children residing in apartment buildings managed or owned by defendants. Defendants served a notice to have plaintiffs examined by psychologist Thomas Griffiths. Plaintiffs moved for a protective order disqualifying Griffiths as the examiner or, alternatively, precluding Griffiths from asking questions…