Freed v. Freed

Appellate Division of the Supreme Court of New York

Freed v. Freed

41 A.D.2d 606, 340 N.Y.S.2d 415, 1973 N.Y. App. Div. LEXIS 5210

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

DecidedFebruary 1, 1973

StatusPublished

This text of 41 A.D.2d 606 (Freed v. Freed) 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

Freed v. Freed, 41 A.D.2d 606, 340 N.Y.S.2d 415, 1973 N.Y. App. Div. LEXIS 5210 (N.Y. Ct. App. 1973).

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Opinion

Order, Family Court of the State of New York, New York County, entered July 31, 1972, granting an examination before trial, unanimously reversed, on the law and the facts without costs and without disbursements, and the motion denied. The petitioner in this proceeding is seeking modification of an alimony provision contained in an earlier matrimonial decree. The parties have been divorced for over four years and the husband has since remarried. In a case such as this, where the pretrial examination requested would become an exacerbating circumstance, such examination must be denied, absent a showing of special circumstances by the party seeking to change-the present alimony provisions (Hunter v. Hunter, 10 A D 2d 291, 294; Stern v. Stern, 39 A D 2d 87, 89; cf., Hover v. Hover, 29 N Y 2d 408, 413). Concur — MeGivern, J. P., Markewich, Nunez, Lane and Macken, JJ.

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Order, Family Court of the State of New York, New York County, entered July 31, 1972, granting an examination before trial, unanimously reversed, on the law and the facts without costs and without disbursements, and the motion denied. The petitioner in this proceeding is seeking modification of an alimony provision contained in an earlier matrimonial decree. The parties have been divorced for over four years and the husband has since remarried. In a case such as this, where the pretrial examination requested would become an exacerbating circumstance, such examination must be denied, absent a showing of special circumstances by the party seeking to change-the present alimony provisions (Hunter v. Hunter, 10 A D 2d 291, 294; Stern v. Stern, 39 A D 2d 87, 89; cf., Hover v. Hover, 29 N Y 2d 408, 413). Concur — MeGivern, J. P., Markewich, Nunez, Lane and Macken, JJ.

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Bluebook (online)

41 A.D.2d 606, 340 N.Y.S.2d 415, 1973 N.Y. App. Div. LEXIS 5210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freed-v-freed-nyappdiv-1973.