DeSantis v. DeSantis

Order insofar as appealed from unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court erred in directing defendant to comply with plaintiff’s discovery demands. The financial disclosure sought in those demands is not relevant to the prosecution of plaintiff’s matrimonial action unless and until the parties’ separation agreement has been vacated or set aside. Here, the validity of the agreement has not been placed in issue inasmuch as neither party has sought to have the agreement set aside in a separate plenary action or by way of an affirmative defense or…