Schirmer v. Schirmer

Appellate Division of the Supreme Court of New York

Schirmer v. Schirmer

285 A.D. 1049, 141 N.Y.S.2d 509, 1955 N.Y. App. Div. LEXIS 6639

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

DecidedApril 26, 1955

StatusPublished

Cited by1 cases

This text of 285 A.D. 1049 (Schirmer v. Schirmer) 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

Schirmer v. Schirmer, 285 A.D. 1049, 141 N.Y.S.2d 509, 1955 N.Y. App. Div. LEXIS 6639 (N.Y. Ct. App. 1955).

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Opinion

Order appealed from granting in part defendant’s motion to vacate plaintiff’s notice of examination of defendant before trial, unanimously affirmed. Order appealed from denying in part and granting in part plaintiff’s motion to vacate defendant’s notice of examination of plaintiff before trial, unanimously modified so as to strike out item 1 of defendant’s notice and, as so modified, affirmed. As a matter of public policy, an examination on marital relations of the parties should not be permitted (Field v. Field, 281 App. Div. 657). The date for the examinations to proceed shall be fixed in the order. Settle order on notice. Present — Peck, P. J., Cohn, Callahan, Bastow and Botein, JJ.

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Order appealed from granting in part defendant’s motion to vacate plaintiff’s notice of examination of defendant before trial, unanimously affirmed. Order appealed from denying in part and granting in part plaintiff’s motion to vacate defendant’s notice of examination of plaintiff before trial, unanimously modified so as to strike out item 1 of defendant’s notice and, as so modified, affirmed. As a matter of public policy, an examination on marital relations of the parties should not be permitted (Field v. Field, 281 App. Div. 657). The date for the examinations to proceed shall be fixed in the order. Settle order on notice. Present — Peck, P. J., Cohn, Callahan, Bastow and Botein, JJ.

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Bluebook (online)

285 A.D. 1049, 141 N.Y.S.2d 509, 1955 N.Y. App. Div. LEXIS 6639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schirmer-v-schirmer-nyappdiv-1955.

Opinion

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