Kivo v. Kivo

In a matrimonial action in which the parties were divorced by judgment dated December 11, 1979, the defendant appeals from the orders of the Supreme Court, Nassau County (O’Brien, J.), dated March 26, 1991, and September 13, 1991 respectively, which granted the plaintiffs motions pursuant to CPLR 3126, inter alia, to prohibit the defendant from offering any financial testimony or evidence, and awarded costs of $100 and counsel fees of $500.

Ordered that the orders are affirmed, with one bill of costs.

The defendant’s failure to appear for two scheduled examinations before trial was deliberate…