Morse v. Morse

Appellate Division of the Supreme Court of New York

Morse v. Morse

40 A.D.2d 996, 338 N.Y.S.2d 582, 1972 N.Y. App. Div. LEXIS 3153

Procedural entryThis page is a short order in Morse v. Morse. Read the opinion of the Court — 45 A.D.2d 370 →

Appellate Division of the Supreme Court of the State of New York·Decided December 11, 1972·Published

Opinion

In an action for support and maintenance and for reimbursement for expenditures for necessaries, defendant husband appeals from so much of an order of the-Supreme Court, Westchester County, dated May 24, 1972, as granted the branch of his motion which was to vacate plaintiff’s notice to examine defendant before trial, only to the extent of postponing such examination until at least 20 days after plaintiff shall have served a further bill of particulars. Order reversed insofar as appealed from, without costs, and the- branch of defendant’s motion which was to vacate plaintiff’s notice to examine defendant before trial is granted in full. In our opinion, plaintiff has failed to demonstrate any “special circumstances” that would entitle her to a pretrial examination of defendant’s financial resources (Campbell v. Campbell, 7 A D 2d 1011). Hopkins, Acting P. J., Gulotta, Christ and Brennan, JJ., concur; Benjamin, J., not voting.

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In an action for support and maintenance and for reimbursement for expenditures for necessaries, defendant husband appeals from so much of an order of the-Supreme Court, Westchester County, dated May 24, 1972, as granted the branch of his motion which was to vacate plaintiff’s notice to examine defendant before trial, only to the extent of postponing such examination until at least 20 days after plaintiff shall have served a further bill of particulars. Order reversed insofar as appealed from, without costs, and the- branch of defendant’s motion which was to vacate plaintiff’s notice to examine defendant before trial is granted in full. In our opinion, plaintiff has failed to demonstrate any “special circumstances” that would entitle her to a pretrial examination of defendant’s financial resources (Campbell v. Campbell, 7 A D 2d 1011). Hopkins, Acting P. J., Gulotta, Christ and Brennan, JJ., concur; Benjamin, J., not voting.

Morse v. Morse, 40 A.D.2d 996, 338 N.Y.S.2d 582, 1972 N.Y. App. Div. LEXIS 3153 (N.Y. Ct. App. 1972).

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40 A.D.2d 996 (Morse v. Morse) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.