Whittaker v. Whittaker

This motion to vacate a notice for the examination before trial of a party to a separation action as to the general issues is granted. I do not believe that the practice in the first department permits an examination of such scope in a matrimonial action. Reynolds v. Reynolds (81 Misc. 362) indicated a practice in cases of this kind which was subsequently limited and to a large extent *641barred as a result of decisions in our Appellate Division. In support of the notice respondent relies upon Hofmann v. Hofmann (203 App. Div. 115), a separation action. There the examination Was disallowed…