Legal Opinion

B. v. B.

New York City Family Court

Decided January 6, 1987PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

George L. Jurow, J.

In this custody petition involving a three-year-old child, *488petitioner mother moves for a pretrial order pursuant to CPLR 3121 directing respondent father to appear for a psychiatric examination by petitioner’s designated expert. Respondent opposes the motion, relying on Rosenblitt v Rosenblitt (107 AD2d 292).

In Rosenblitt (supra, at 294), a sharply divided panel of the Appellate Division in the Second Department denied as "duplicative and harassing” a noncustodial spouse’s motion to compel the custodial spouse to be examined by the movant’s own…

2Cases cited6 opinions

  1. Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
  2. Kesseler v. KesselerNew York Court of Appeals · 1962
  3. Rosenblitt v. RosenblittAppellate Division of the Supreme Court of the State of New York · 1985
  4. Wegman v. WegmanNew York Court of Appeals · 1975
  5. Hirschfeld v. HirschfeldAppellate Division of the Supreme Court of the State of New York · 1985

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3Cited by1 opinion

  1. Popelka v. Barry, Bette & Led Duke, Inc.New York Supreme Court · 1990

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