Sefranka v. Sefranka

In an action for a separation, defendant moves for examination of the plaintiff before trial with respect to his counterclaim for an annulment. Plaintiff objects, generally, that examinations are not usually allowed in matrimonial actions and specifically, as to the form, substance and necessity of the individual items.

The general objection is without merit. As was pointed out in Kotopoulos v. Kotopoulos (53 N. Y. S. 2d 932): “ The rule for*542bidding general examination before trial in matrimonial matters (Shatz v. Shatz, 248 App. Div. 594, 287 N. Y. S. 366; Levi v. Levi, 182 Misc. 445, 44 N. Y.…