Fremont v. Fremont

New York Supreme Court

Fremont v. Fremont

34 Misc. 2d 357, 228 N.Y.S.2d 347, 1962 N.Y. Misc. LEXIS 3363

DecidedMay 7, 1962

StatusPublished

This text of 34 Misc. 2d 357 (Fremont v. Fremont) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fremont v. Fremont, 34 Misc. 2d 357, 228 N.Y.S.2d 347, 1962 N.Y. Misc. LEXIS 3363 (N.Y. Super. Ct. 1962).

Pincite

Opinion

Louis B. Heller, J.

Defendant in this action for separation, in which he counterclaims for annulment, moves to dismiss the complaint for plaintiff’s alleged willful failure and refusal to submit to an examination before trial, and other alternative and incidental relief.

Examination of the submitted papers and the exhibits annexed shows that the parties by stipulation, without reservation, agreed to an adjournment of (1) the examination before trial of the plaintiff, and (2) the time for plaintiff to serve her bill of particulars.

Since the parties have agreed to “ chart their * * * procedural course” (Stevenson v. News Syndicate Co., 302 N. Y. 81, 87), the motion to dismiss the complaint is granted unless plaintiff shall appear for examination in accordance with the notice heretofore served, at Special Term, Part II, of this court on May 22, 1962 at 10:30 a.m.

The motion to preclude is granted, unless the bill of particulars is served within 10 days after service of a copy of this order with notice of entry thereof.

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