Lemke v. Lemke

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term ordered that the examinations before trial of the parties in this divorce action be limited to financial matters and matters of equitable distribution. The only issue presented on defendant’s appeal is whether she is entitled to a pretrial deposition of plaintiff upon the merits of his cause of action based upon cruel and inhuman treatment. H CPLR 3101 requires full disclosure by a party of all evidence material and necessary in the prosecution or defense of an…