Opinion
November 25, 1985
Appeal from the Supreme Court, Nassau County (Robbins, J.).
Order reversed, without costs or disbursements, and motion and cross motion granted to the extent that defendant is directed to produce at his deposition, and to permit discovery and inspection of, the documents requested for the period commencing three years prior to the date of the parties' stipulation, and the deposition of defendant may cover the issues of fraud, overreaching and duress and defendant's financial condition for the three years prior to the date the parties' stipulation was executed. The deposition and discovery and inspection shall proceed at times and places to be fixed in written notices of not less than 10 days, to be given by plaintiff, or at such other times and places as the parties may agree.
Plaintiff is entitled to examine defendant with respect to the allegations in her complaint regarding fraud, overreaching and duress. Plaintiff is entitled to discovery of defendant's financial condition at the time the stipulation was executed and for the three-year period preceding that date; discovery of his present financial condition is not warranted at this time (see, Schisler v Schisler, 106 A.D.2d 441; Wiecek v Wiecek, 104 A.D.2d 935; Potvin v Potvin, 92 A.D.2d 562).
Plaintiff has failed to set forth sufficient facts on her claim for increased child support to justify an inquiry into defendant's present financial condition. Mangano, J.P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.