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Zimbler v. Resnick 72nd St. Assoc

Appellate Division of the Supreme Court of New York, First Department
Mar 24, 2009
60 A.D.3d 548 (N.Y. App. Div. 2009)

Opinion

March 24, 2009.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered October 9, 2008, which denied the motion of defendants the Board Managers of the Oxford on Seventy Second and Brown Harris Stevens Residential Management, LLC, to preclude the presence of a stenographer or other recorder at the court-ordered psychological evaluation of the minor plaintiff to the extent of directing plaintiff's to arrange for the stenographer not to be present in the examination room, unanimously modified, on the facts, to direct that, if it is not feasible to station the stenographer outside the examination room so as not to be visible to anyone in the room and not to interfere with the proper conduct of the examination, then the stenographer's audio recording device may be placed, concealed, in the examining room during the evaluation and the recording transcribed later, and otherwise affirmed, without costs.

Before: Saxe, J.P., Friedman, Sweeny, Renwick and Freedman, JJ.


On the record presented, the motion court properly permitted plaintiff's to record the psychological examination of the infant plaintiff, provided that the stenographer is not present in the examination room ( see Barraza v 55 W. 47th St. Co., 156 AD2d 271; Milam v Mitchell, 51 Misc 2d 948, 950). Defendants have not shown that the presence of a stenographer outside the room will unduly interfere with the examination.


Summaries of

Zimbler v. Resnick 72nd St. Assoc

Appellate Division of the Supreme Court of New York, First Department
Mar 24, 2009
60 A.D.3d 548 (N.Y. App. Div. 2009)
Case details for

Zimbler v. Resnick 72nd St. Assoc

Case Details

Full title:MARSHA ZIMBLER et al., Respondents, v. RESNICK 72ND STREET ASSOCIATES et…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 24, 2009

Citations

60 A.D.3d 548 (N.Y. App. Div. 2009)
876 N.Y.S.2d 18