Drago v. Tishman Construction Co.

OPINION OF THE COURT

Diane A. Lebedeff, J.

This motion raises a surprisingly unaddressed question — and, hence, an issue of first impression — of whether, and if so under what circumstances, in a case on the trial calendar, a defendant in a personal injury action may be granted access to raw data resulting from tests administered to plaintiff by plaintiff’s expert. In addition, defendant challenges the admissibility of the test results and any resulting scientific testimony, which raises separate and distinct Frye and trial admissibility issues.

Defendant Tishman Construction Corporation of New…