Justice Spargo sitting in the Ulster County Supreme Court refused to suppress an audiotape in which the plaintiff’s mother recorded the defendant’s medical expert while the expert examined the plaintiff. The mother asked the expert’s opinion before taping the examination. Although Justice Spargo refused to suppress the tape, he did require that the plaintiff’s counsel turn over the tape to the defense. The odd part of the decision is that Justice Spargo appears to have allowed the plaintiff’s “chosen representative” to attend another examination by the defense’s oral surgeon. Although the CPLR discovery rules do not address the issue, it seems extremely prejudicial to the defense to allow the plaintiff to do this. I highly doubt that the defendant’s “chosen representative” was allowed to attend the examination of the plaintiff by her doctors.

Note: I am attempting to obtain Justice Spargo’s decision to post to NYCL.