Lederman v. Lederman

This is a strenuously contested separation action. Defendant husband moves to vacate a notice *998for Ms examination served upon Mm under rule 121-a of the Rules of Civil Practice and to quash a subpoena served upon his employer, a New Jersey corporation. He argues that an examination in a matrimonial action may be had only upon an order therefor, obtained pursuant to section 292 of the Civil Practice Act, based on a showing of special circumstances.

The views in the several judicial departments are not in agreement on the question. (Hurwitz v. Hurwitz, 3 A D 2d 744 [1st Dept.]; Sachs v. Sachs, 11…