Subdural Hematoma

This is an action for personal injuries allegedly sustained by the plaintiffs herein as a result of purported exposure to lead-based paint at premises owned by the moving defendants. Susan Adams is the plaintiffs’ mother and she has commenced this action in her representative capacity as parent and natural guardian of Steffen Adams, an infant. The other plaintiffs, Shane Adams and Justin Adams, also the children of Susan Adams, have reached the age of majority.

An attorney from he Bronx said that in the Bills of Particulars verified by plaintiffs’ counsel, the plaintiffs Shane and Justin Adams alleged multiple neurological, cognitive functions, neuro-behavioral, developmental and psychological injuries including neurological damage, brain damageand Attention Deficit Hyperactive Disorder (ADHD) as a result of exposure to lead while residing at the defendants’ premises. Significantly, the plaintiffs’ Complaint alleges lead paint exposure during three (3) different time periods at three (3) different residential leasehold premises. Defendants Rizzo and Scaravillo were owners of premises known as 212 Seward Street at which plaintiffs resided between 1988 to 1990. The Cifra defendants owned 302 Mildred Avenue at which plaintiffs resided from 1991 to 1992. Defendant Luttinger owned 501 John Street at which plaintiffs resided from 1990 to 1991. The allegations of brain injury advanced by Susan Adams on behalf of Steffen Adams are verbatim identical to those of Shane and Justin.

Thereafter, Susan Adams was deposed, and upon commencement of this deposition, counsel for all parties stipulated, as is the custom and practice in this district, that all objections except those as to form were reserved until the time of trial and that the deposition would be held pursuant to the provisions of the Civil Practice Law and Rules. At the beginning of this deposition, plaintiffs’ counsel, James Nixon, made certain pronouncements and imposed significant unilateral limitations on the scope of the questioning he would permit Susan Adams to answer. Almost immediately, Mr. Nixon undertook a course of conduct at the deposition whereby he restricted the witness from answering questions, made demands for production of records supporting the questioning counsel’s “good faith” and otherwise engaged in conduct that, severely limited and unfairly and improperly obstructed the defendants’ ability to conduct the deposition.