Di Francesco v. Di Francesco

In an annulment action based upon the alleged invalidity of the foreign divorce decree theretofore obtained by defendant from his former wife for lack of jurisdiction, plaintiff seeks an examination before trial of the defendant, the defendant’s former wife and other persons with knowledge of material facts.

The fact that the examination before trial sought relates to an action for an annulment of a marriage is not in itself a bar to the examination (O’Connor v. O’Connor, 12 A D 2d 627). Am examination has been allowed where an essential element of the inquiry, as here, pertains to the…