Pizzo v. Pizzo

In this separation action, the defendant husband seeks to examine the plaintiff before trial, pursuant to the provisions of rule 121-a of the Rules of Civil Practice, by notice of examination upon ‘ ‘ all of the relevant and material allegations of fact put in issue by the pleadings of this action

The plaintiff now seeks to vacate the notice of examination upon the ground that it is against public policy arid that it being *1023a matrimonial action, the defendant is not entitled to a general examination.

It has been the general rule that in matrimonial actions, such examinations will be denied…