HALL IV v. TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK (2026)

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

Earl Lafayette HALL, IV, Plaintiff–Appellant, v. The TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Defendant–Respondent.

Index No. 152347 /23

Decided: October 15, 2026

Webber, J.P., Friedman, Kapnick, Pitt-Burke, JJ.

Arye, Lustig & Sassower, P.C., New York (Mitchell J. Sassower of counsel), for appellant. Rivkin Radler LLP, New York (Henry M. Mascia of counsel), for respondent.

Order, Supreme Court, New York County (Phaedra F. Perry–Bond, J.), entered on or about March 13, 2026, which, to the extent appealed from as limited by the briefs, granted defendant's motion for a protective order precluding a third-party observer from being present at plaintiff's independent neuropsychological examination to the extent of limiting plaintiff to a third-party observer who is a licensed clinical psychologist of plaintiff's choosing, unanimously affirmed, without costs.

On this record, Supreme Court providently exercised its discretion in finding that the presence of plaintiff's attorney would prevent defendant's expert neuropsychologist from “conducting ‘a meaningful examination’ ” (Markel v. Pure Power Boot Camp, Inc., 171 AD3d 28, 29 [1st Dept 2019] ). The court relied on defendant's expert's unrebutted affidavit, which was supported by well-established standards of practice in the field of neuropsychology (Barraza v. 55 W. 47th St. Co., 156 A.D.2d 271, 271 [1st Dept 1989]; cf. McNamara v. Buresh, 223 AD3d 978, 979 [3d Dept 2024] ).

We have considered plaintiff's remaining contentions and find them unavailing.

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Out of date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