Legal Opinion

Boatswain v. Boatswain

New York Supreme Court

Decided February 24, 2004PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Jeffrey S. Sunshine, J.

Introduction

Plaintiff husband moves for an order pursuant to CPLR 3117 (a) (3) (ii) and CPLR 3113 (a) (3) to take the deposition of a wit*804ness to be offered at trial on behalf of plaintiff by issuance of a letter rogatory. CPLR 3108 affords parties the opportunity to take a deposition outside of the state by commission or letter rogatory. Defendant opposes the application.

Background

This is a matrimonial action wherein defendant alleges she was a victim of domestic violence, while in the State of New York, perpetrated upon her by plaintiff husband.…

2Cases cited13 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. Wiseman v. American Motors Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1984
  3. People v. GrahamAppellate Division of the Supreme Court of the State of New York · 1977
  4. Siemens & Halske v. GresAppellate Division of the Supreme Court of the State of New York · 1971
  5. Israel Discount Bank Ltd. v. P. S. Products Corp.New York Supreme Court · 1971

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3Cited by1 opinion

  1. Boatswain v. BoatswainNew York Supreme Court, Kings County · 2004

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