Opinion
March 15, 1971
In an action for divorce and other relief, defendant appeals from two orders of the Supreme Court, Nassau County, viz., (1) from so much of one dated October 27, 1970 as (a) denied defendant's motion for pretrial examination of two corporations as witnesses insofar as proposed witness Spartan Petroleum Corp. is concerned and (b) in granting the motion as to proposed witness R.M.H. Corp., limited the examination in certain respects; and (2) from an order dated October 30, 1970, which amended the first order with respect to the time for conducting the examination of R.M.H. Corp. Order dated October 27, 1970 modified by deleting so much thereof as directs that R.M.H. Corp. shall not be required to produce its minute books and profit and loss statements and that defendant is not granted examination thereof; and by substituting therefor a provision requiring said corporation to produce, and permitting defendant to examine, its minute books and all its financial statements for the last five years. As so modified, order affirmed insofar as appealed from, without costs. Order dated October 30, 1970 affirmed, without costs. In our opinion, defendant should be permitted to examine the minutes and all the financial statements for the last five years of R.M.H. Corp. in order to properly ascertain the value of plaintiff's holdings in that corporation. We find no proper basis in the record for a holding that that corporation will thereby be prejudiced. Rabin, P.J., Hopkins, Munder, Martuscello and Latham, JJ., concur.