Holmes v. Holmes

Appeal from an order of the Supreme Court (Prior, Jr., J.), entered February 16, 1989 in Albany County, which, inter alia, directed the parties to submit to examinations before trial on all issues except those directly related to the merits and defenses of the divorce action.

This sharply contested action for divorce was commenced in July 1988 with issue being joined a month later. Thereafter, defendant sought to depose plaintiff and an examination before trial for this purpose was scheduled. At the deposition, defendant’s counsel began inquiries of plaintiff pertaining to *897the merits of the…