Burch v. Burch

Order unanimously affirmed, without costs of this appeal to either party. Memorandum: The plaintiff husband applies for a very broad examination of the defendant concerning allegations of adultery in this divorce action. We affirm the order upon the ground that the discretion of the Special Term Justice was well exercised in denying -the plaintiff’s motion for the examination. In seeking the examination the plaintiff relied on Szymanski v. Szymanski (16 Misc 2d 398) and Pizzo v. Pizzo (33 Misc 2d 1022). Both of these eases were matrimonial actions and the examinations were permitted upon “…