de Saint Phalle v. de Saint Phalle

OPINION OF THE COURT

Edward J. Greenfield, J.

Although this matrimonial action was assigned to me for trial, plaintiff wife has moved for an order staying the trial and striking this action from the calendar so that there can be adequate pretrial discovery on the issue of equitable distribution. Defendant husband vigorously contests this application, and urges that this is not an equitable distribution case. Both sides rely on the Court of Appeals decision in Valladares v Valladares (55 NY2d 388) and Tucker v Tucker (55 NY2d 378) to support their respective contentions.

This action was commenced…