Legal Opinion
Anne D. v. Raymond D.
New York Supreme Court
Decided May 6, 1988PublishedCited by 4 opinions
1Opinion of the Court
*719OPINION OF THE COURT
Bernard F. McCaffrey, J.
The underlying issue to be determined in this matrimonial matter is whether the defendant husband can compel the plaintiff wife to undergo a physical examination and HIV blood test for AIDS upon the allegation that she has engaged in a series of extramarital affairs.
Defendant served a notice to submit to a physical examination on plaintiff pursuant to CPLR 3121. Plaintiff rejected defendant’s notice alleging that it was both substantively and procedurally defective. Thereafter, defendant moved for an order directing plaintiff to comply with the…
2Cases cited17 opinions
- O'Brien v. O'BrienNew York Court of Appeals · 1985
- Blickstein v. BlicksteinAppellate Division of the Supreme Court of the State of New York · 1984
- In re Darlene T.New York Court of Appeals · 1971
- Kesseler v. KesselerNew York Court of Appeals · 1962
- Van Ess v. Van EssAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by4 opinions
- State v. RamosSupreme Court of Rhode Island · 1989
- United States v. JohnsonU S Air Force Court of Military Review · 1988
- Ochs v. OchsNew York Supreme Court · 2002
- United States v. OuthierNavy-Marine Corps Court of Criminal Appeals · 1995