From Casetext: Smarter Legal Research

Morse v. Morse

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1972
40 A.D.2d 996 (N.Y. App. Div. 1972)

Opinion

December 11, 1972


In an action for support and maintenance and for reimbursement for expenditures for necessaries, defendant husband appeals from so much of an order of the Supreme Court, Westchester County, dated May 24, 1972, as granted the branch of his motion which was to vacate plaintiff's notice to examine defendant before trial, only to the extent of postponing such examination until at least 20 days after plaintiff shall have served a further bill of particulars. Order reversed insofar as appealed from, without costs, and the branch of defendant's motion which was to vacate plaintiff's notice to examine defendant before trial is granted in full. In our opinion, plaintiff has failed to demonstrate any "special circumstances" that would entitle her to a pretrial examination of defendant's financial resources ( Campbell v. Campbell, 7 A.D.2d 1011). Hopkins, Acting P.J., Gulotta, Christ and Brennan, JJ., concur; Benjamin, J., not voting.


Summaries of

Morse v. Morse

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1972
40 A.D.2d 996 (N.Y. App. Div. 1972)
Case details for

Morse v. Morse

Case Details

Full title:MARION MORSE, Respondent, v. PHILLIP S. MORSE, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 11, 1972

Citations

40 A.D.2d 996 (N.Y. App. Div. 1972)

Citing Cases

Wegman v. Wegman

Order affirmed insofar as appealed from, without costs. No opinion. Latham, Benjamin and Munder, JJ., concur;…