SPIERER v. USA (2007)

Supreme Court, Appellate Division, First Department, New York.

Christopher SPIERER, et al., Plaintiffs-Appellants, v. BLOOMINGDALE's, etc., et al., Defendants, Simmons USA, Defendant-Respondent.

Decided: February 27, 2007

ANDRIAS, J.P., FRIEDMAN, SULLIVAN, WILLIAMS, CATTERSON, JJ.

Ian Anderson, New York, for appellants. Herzfeld & Rubin, P.C., New York (Neil R. Finkston of counsel), for respondent.

Order, Supreme Court, Bronx County (Stanley Green, J.), entered on or about November 3, 2006, which, to the extent appealed from, denied plaintiffs' motion for a protective order and directed them to undergo forensic psychiatric examinations by defendants' expert, unanimously affirmed, without costs.

Plaintiffs, who alleged that they suffered from “multiple chemical sensitivities,” placed their mental conditions in controversy (CPLR 3121 [a] ) by asserting in their bills of particulars that they suffered from such mental disturbances as “severe anxiety” and “acute fear of the carc[i]nogenic nature and permanent effects of the chemicals in question” (see Syron v. Paolelli, 238 A.D.2d 710, 656 N.Y.S.2d 419 [1997]; St. Clare v. Cattani, 128 A.D.2d 766, 513 N.Y.S.2d 250 [1987] ), and by submitting to an examination by a psychologist to whom their treating physician had referred them (see TOA Constr. Co. v. Tsitsires, 4 A.D.3d 141, 142, 772 N.Y.S.2d 24 [2004] ).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network