Hunter v. Hunter
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Breitel, J. P.
This appeal involves the recurring problem of allowing examinations before trial in matrimonial cases to ascertain the income and assets of a defendant husband.
The examination was granted at Special Term because the husband admitted by his answer one of the grounds, namely abandonment, asserted by the wife for obtaining a judgment of separation. Since only the amount of the support award remained as a contested issue, it was held that the wife was entitled to a financial examination of the husband. It was thus assumed that the wife had made out the special circumstances,…
2Cases cited12 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1893
- Tirrell v. . TirrellNew York Court of Appeals · 1921
- Van Valkenburgh v. Van ValkenburghAppellate Division of the Supreme Court of the State of New York · 1912
- Tausik v. TausikAppellate Division of the Supreme Court of the State of New York · 1952
- Field v. FieldAppellate Division of the Supreme Court of the State of New York · 1952
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3Cited by17 opinions
- Kay v. KayNew York Court of Appeals · 1975
- Conner v. ConnerAppellate Division of the Supreme Court of the State of New York · 1983
- Billet v. BilletAppellate Division of the Supreme Court of the State of New York · 1976
- Anonymous v. AnonymousAppellate Division of the Supreme Court of the State of New York · 1979
- Cole v. ColeCourt of Special Appeals of Maryland · 1979
12 more not listed; retrieve them via the Exa API.