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DEFENDANT’S MOTION TO COMPEL PLAINTIFF, WHO SUED UNDER THE NAME MARGARET DOE, TO AMEND THE CAPTION TO INCLUDE HER LEGAL NAME SHOULD NOT HAVE BEEN GRANTED; PLAINTIFF PRESENTED EVIDENCE SUING UNDER HER OWN NAME WOULD HAVE SEVERE MENTAL-HEALTH CONSEQUENCES (FIRST DEPT).

The First Department, reversing Supreme Court, determined defendant’s motion to compel plaintiff to amend the pleadings to include her legal name (the caption reads “Margaret Doe”) should not have been granted:

The presumption in favor of open trials and the potential prejudice to defendant did not outweigh plaintiff’s privacy interest … . In addition to her own affidavit attesting to the psychological harm it would cause to disclose her name publicly, plaintiff submitted affidavits from her treating psychologist and psychiatrist, both of whom opined that forcing plaintiff to proceed with the litigation under her legal name would have severe consequences for her mental health. This particularized medical evidence corroborating plaintiff’s claims of personal harm is compelling … . Doe v Bloomberg L.P., 2021 NY Slip Op 06754, First Dept 12-2-21

 

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MODE OF PROCEEDINGS ERROR TO PARAPHRASE SUBSTANTIVE JURY NOTE.
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