Altman v. Altman

Motion to examine defendant before trial. This is an action for separation. Plaintiff seeks to examine her husband to show his earning capacity and assets. In her complaint she pleads that his income is $10,000 a year. The answer denies the allegation. Cases cited indicate that the First and Second Departments have refused such examinations. (Van Valkenburgh v. Van Valkenburgh, 149 App. Div. 482 [1st Dept.]; Safrin v. Safrin, 205 id. 628 [2d Dept.]; Horsch v. Horsch, 206 id. 710 [2d Dept.]; Hutaff v. Hutaff, 208 id. 745 [2d Dept.]; Fried v. Fried, 230 id. 708 [2d Dept.].)

The reasoning of…