Wells v. Wells

OPINION OF THE COURT

Bernard F. McCaffrey, J.

The question presented in this motion for a protective order is whether a wife should be permitted to proceed with pretrial disclosure in her matrimonial action commenced after the effective date of the equitable distribution law, July 19,1980, while there was and is pending between the parties in this very same court, a divorce action commenced by the husband prior to the effective date of the new law.

The defendant’s position is that the plaintiff herein cannot pursue such disclosure proceeding until a disposition is first had in the defendant’s…