Ortiz v. Ortiz

New York Supreme Court

Ortiz v. Ortiz

205 Misc. 295, 128 N.Y.S.2d 354, 1954 N.Y. Misc. LEXIS 2003

DecidedFebruary 8, 1954

StatusPublished

This text of 205 Misc. 295 (Ortiz v. Ortiz) 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

Ortiz v. Ortiz, 205 Misc. 295, 128 N.Y.S.2d 354, 1954 N.Y. Misc. LEXIS 2003 (N.Y. Super. Ct. 1954).

Pincite

Opinion

Matthew M. Levy, J.

In this divorce action, the defendant (who has counterclaimed for divorce on the allegation of his wife’s adultery) moves for a physical examination of the plaintiff, claiming that she is presently pregnant by another. The cases cited by the defendant in support of his prayer are inapplicable and I find no authority for such examination in this type of action. Whatever has been said in aid of the relief requested must be presented to the Legislature for determination as a matter of public policy. The motion is denied.

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Matthew M. Levy, J.

In this divorce action, the defendant (who has counterclaimed for divorce on the allegation of his wife’s adultery) moves for a physical examination of the plaintiff, claiming that she is presently pregnant by another. The cases cited by the defendant in support of his prayer are inapplicable and I find no authority for such examination in this type of action. Whatever has been said in aid of the relief requested must be presented to the Legislature for determination as a matter of public policy. The motion is denied.

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Bluebook (online)

205 Misc. 295, 128 N.Y.S.2d 354, 1954 N.Y. Misc. LEXIS 2003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ortiz-v-ortiz-nysupct-1954.