Quinn v. Gerber

By prior order of this court, a protective order sought by the defendant on the ground that this action which seeks to recover moneys loaned to defendant’s wife to pay attorney’s fees to prosecute an action for separation involved "the subject matter pending undetermined in [a] matrimonial action” was denied and the scheduled examination ordered to go forward.

At the examination, plaintiffs attempted to question the defendant in regard to "the facts and circumstances relevant to the issue of defendant’s fault; i.e., that the wife’s separation action was properly and justifiably instituted.”…