Legal Opinion

Maxwell v. Maxwell

New York Supreme Court

Decided November 22, 1976PublishedCited by 4 opinions

1Opinion of the CourtJames Gibson, J.

The defendant wife moves* for a protective order vacating a notice of deposition "with respect to evidence material and necessary in the — prosecution-defense — of this action”, as (1) unauthorized in a matrimonial action, and (2) as improperly noticed for Albany County.

Under CPLR 3101, provision is made quite generally for full disclosure of evidence, subject to certain exceptions, one of which relates to "privileged matter”, to the disclosure of which objection has been made. The motion in this case, however, is not specifically addressed to a threatened violation of privilege but — in the…

2Cases cited9 opinions

  1. Wegman v. WegmanNew York Court of Appeals · 1975
  2. Plancher v. PlancherAppellate Division of the Supreme Court of the State of New York · 1970
  3. Plancher v. PlancherNew York Court of Appeals · 1972
  4. Nomako v. AshtonAppellate Division of the Supreme Court of the State of New York · 1964
  5. Perse v. PerseAppellate Division of the Supreme Court of the State of New York · 1976

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In re Diane B.New York Family Court · 1978
  2. P. v. P.New York Supreme Court · 1978
  3. Vaccaro v. VaccaroNew York Supreme Court · 1979
  4. McMahan v. McMahanAppellate Division of the Supreme Court of the State of New York · 1984

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