Miles v. Miles

Order of the Supreme Court, Nassau County, dated August 21, 1968, affirmed, without *554costs. No opinion. Brennan, Acting P. J., Munder, Martuscello and Kleinfeld, JJ., concur; Benjamin, J., dissents and votes to reverse the order and deny defendant’s motion to vacate plaintiff’s notice of pretrial examination, with the following memorandum: This is a contested separation action brought by a wife against her husband. The husband is self-employed and, with his father, owns a wholesale and retail tire business which, according to the wife, does a substantial business for cash. The wife further…