Barbera v. Barbera

Appellate Division of the Supreme Court of New York

Barbera v. Barbera

83 A.D.2d 844, 441 N.Y.S.2d 1009, 1981 N.Y. App. Div. LEXIS 15223

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 10, 1981

StatusPublished

This text of 83 A.D.2d 844 (Barbera v. Barbera) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barbera v. Barbera, 83 A.D.2d 844, 441 N.Y.S.2d 1009, 1981 N.Y. App. Div. LEXIS 15223 (N.Y. Ct. App. 1981).

Pincite

Opinion

In a divorce action, plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Linakis, J.), dated January 28, 1981, as denied his pretrial motion insofar as it was for a psychiatric examination of the parties and the issue of the marriage. Order affirmed, insofar as appealed from, with $50 costs and disbursements. The parties are directed to proceed to trial as expeditiously as possible. Plaintiff has not met his burden of [845]*845proving that the parties’ mental conditions are in controversy (see Koump v Smith, 25 NY2d 287, 300). This is especially true where, as here, a matrimonial action is involved. There are no compelling circumstances which mandate the relief requested. Gulotta, J.P., Cohalan, O’Connor and Bracken, JJ., concur.

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In a divorce action, plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Linakis, J.), dated January 28, 1981, as denied his pretrial motion insofar as it was for a psychiatric examination of the parties and the issue of the marriage. Order affirmed, insofar as appealed from, with $50 costs and disbursements. The parties are directed to proceed to trial as expeditiously as possible. Plaintiff has not met his burden of [845]*845proving that the parties’ mental conditions are in controversy (see Koump v Smith, 25 NY2d 287, 300). This is especially true where, as here, a matrimonial action is involved. There are no compelling circumstances which mandate the relief requested. Gulotta, J.P., Cohalan, O’Connor and Bracken, JJ., concur.

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Bluebook (online)

83 A.D.2d 844, 441 N.Y.S.2d 1009, 1981 N.Y. App. Div. LEXIS 15223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barbera-v-barbera-nyappdiv-1981.

Opinion

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