Uzcategui v. Minnesota Mining & Manufacturing Co.

OPINION OF THE COURT

Bentley Kassal, J.

issue

Defendant seeks the name and address of each of plaintiffs’ expert witnesses who will testify at trial on the issue as to whether a certain product, manufactured by defendant and used by the infant’s parents, caused certain birth defects.

DECISION

Neither party cites a decision on "all fours”. Since CPLR *8693101 (subd [d], par 1) states that an expert opinion, prepared for litigation is not discoverable, absent exceptional circumstances, the question becomes whether the name of an expert to be used is discoverable, although his opinion is exempt.

Allen…