From Casetext: Smarter Legal Research

Ross v. Ross

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1988
140 A.D.2d 683 (N.Y. App. Div. 1988)

Opinion

May 31, 1988

Appeal from the Supreme Court, Westchester County (Delaney, J.).


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the plaintiff's contentions, we find that the Supreme Court did not abuse its discretion in "resettling" a prior order, entered April 23, 1987, by limiting the defendant's obligation to pay for the plaintiff's car expenses to include only financing payments, insurance and necessary repairs for the vehicle. It is clear, from the record, that the parties became involved in a sharp dispute as to what was intended by the term "car expenses". Accordingly, it was appropriate for the court to clarify its order so as "to reflect the disposition more accurately" (see, Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C2221:7, at 158). We further note that the limitations set forth by the court were reasonable under the circumstances.

Equally unavailing is the plaintiff's assertion that the Supreme Court abused its discretion in directing her to submit to an examination before trial as to financial matters. Although the plaintiff had already filed a note of issue at the time the defendant sought leave to conduct the deposition, the "need for complete financial disclosure in this action involving equitable distribution compels the conclusion that the [defendant] was properly accorded a further opportunity to examine the [plaintiff's] finances" (see, Perez v Perez, 131 A.D.2d 451; see also, Colella v Colella, 99 A.D.2d 794; Garrel v Garrel, 59 A.D.2d 885). Lawrence, J.P., Eiber, Sullivan and Balletta, JJ., concur.


Summaries of

Ross v. Ross

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1988
140 A.D.2d 683 (N.Y. App. Div. 1988)
Case details for

Ross v. Ross

Case Details

Full title:ETHEL P. ROSS, Appellant, v. STEPHEN ROSS, Respondent

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

Date published: May 31, 1988

Citations

140 A.D.2d 683 (N.Y. App. Div. 1988)

Citing Cases

Pistolesi v. North Country Insurance Company

The reasonableness of the proposed counsel fees should not have been determined upon reargument because that…

Pisane v. Feig

DISCUSSIONPlaintiff's argument, that defendant's motion must be denied as it raises new legal issues and…