Legal Opinion
Rose v. Rose
New York Supreme Court
Decided October 13, 1952PublishedCited by 4 opinions
1Opinion of the CourtJames B. M. McNally, J.
Plaintiff moves for an examination of the defendant as to his income, earnings and property and the defendant’s living expenses. The plaintiff has been awarded *754a separation and the issue remaining to he determined is the extent of the defendant’s obligation to support the plaintiff. Although a plaintiff in an action for separation may not examine a defendant as to his economic condition prior to an adjudication in favor of the plaintiff in respect of her right to a separation (Van Valkenburgh v. Van Valkenburgh, 149 App. Div. 482), where, as here, the plaintiff has been awarded a decree of…
2Cases cited8 opinions
- De Brauwere v. . De BrauwereNew York Court of Appeals · 1911
- Tirrell v. . TirrellNew York Court of Appeals · 1921
- Haas v. HaasNew York Court of Appeals · 1948
- Zeltner v. Fidelity & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1927
- Van Valkenburgh v. Van ValkenburghAppellate Division of the Supreme Court of the State of New York · 1912
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3Cited by4 opinions
- Kay v. KayNew York Court of Appeals · 1975
- Hunter v. HunterAppellate Division of the Supreme Court of the State of New York · 1960
- Levine v. RaymondAppellate Division of the Supreme Court of the State of New York · 1956
- Manheim v. ManheimAppellate Division of the Supreme Court of the State of New York · 1967