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In a 2010 New York lead paint poisoning civil case [Scott v. Carson, 2010 N.Y. slip op. 5073 IU; 2010 N.Y. Misc. LEXIS 869(Schenectady County, New York 2010)], the Supreme Court of Schenectady County permitted the landlord defendants to show that the mother's prenatal medical records demonstrated that she only achieved a tenth grade education, that she had used alcohol and crack cocaine while pregnant, that the infant plaintiff was born with crack cocaine in his system, that the father abused drugs, and that the plaintiff's younger brother ( who presumably had not been exposed to lead) had a learning disability.
The court found that this medical evidence was sufficient to sustain the defendant's burden to seek medical record discovery and IQ testing from the non-party family members.
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