Preston v. Preston

In this action to recover moneys alleged to be due plaintiff as alimony for her support and maintenance under a judgment of divorce duly rendered in her favor, plaintiff seeks an examination before trial of the defendant on certain matters which she claims are material and necessary to establish her cause of action.

The defendant has cross-moved, under rule 112 of the Rules of Civil Practice, for a dismissal of plaintiff’s complaint on the ground that it fails to state facts sufficient to constitute a cause of action and for summary judgment under rule 113 of the Rules of Civil Practice. The…