Pearson v. Pearson

Appellate Division of the Supreme Court of New York

Pearson v. Pearson

30 A.D.2d 927, 294 N.Y.S.2d 984, 1968 N.Y. App. Div. LEXIS 3277

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

DecidedSeptember 25, 1968

StatusPublished

This text of 30 A.D.2d 927 (Pearson v. Pearson) 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

Pearson v. Pearson, 30 A.D.2d 927, 294 N.Y.S.2d 984, 1968 N.Y. App. Div. LEXIS 3277 (N.Y. Ct. App. 1968).

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Opinion

In an action for separation, the plaintiff wife appeals from an order of the Supreme Court, Westchester County, dated June 12, 1968, which (1) granted defendant’s motion to vacate plaintiff’s notice for pretrial examination of defendant as to the issue of the amount of alimony and (2) added the case [928]*928to the Ready Day Calendar of September 3, 1968. Order reversed, on the law and the facts, with $10 costs and disbursements, and motion denied, with $10 costs. As defendant does not contest plaintiff’s right to a separation, defendant had the burden of showing special circumstances warranting the denial of the examination (Campbell v. Campbell, 7 A D 2d 1011). On this record he has not met that burden. Christ, Acting P. J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.

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In an action for separation, the plaintiff wife appeals from an order of the Supreme Court, Westchester County, dated June 12, 1968, which (1) granted defendant’s motion to vacate plaintiff’s notice for pretrial examination of defendant as to the issue of the amount of alimony and (2) added the case [928]*928to the Ready Day Calendar of September 3, 1968. Order reversed, on the law and the facts, with $10 costs and disbursements, and motion denied, with $10 costs. As defendant does not contest plaintiff’s right to a separation, defendant had the burden of showing special circumstances warranting the denial of the examination (Campbell v. Campbell, 7 A D 2d 1011). On this record he has not met that burden. Christ, Acting P. J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.

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Bluebook (online)

30 A.D.2d 927, 294 N.Y.S.2d 984, 1968 N.Y. App. Div. LEXIS 3277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pearson-v-pearson-nyappdiv-1968.