Legal Opinion

Stern v. Stern

Appellate Division of the Supreme Court of the State of New York

Decided March 4, 1996PublishedCited by 16 opinions

1Opinion of the Court

In this action, both parties seek custody of their two infant *541children. The husband, pursuant to CPLR 3121, requested that the wife and children submit to psychiatric examinations. In the alternative, the husband requested that forensic evaluations be performed on both parties and the children. In response, the wife moved for a protective order, which the Supreme Court granted. Upon reargument, the court adhered to its original determination. We now reverse.

CPLR 3121 provides that when the mental or physical condition of a party is in controversy, any other party may serve notice and direct…

2Cases cited3 opinions

  1. Rosenblitt v. RosenblittAppellate Division of the Supreme Court of the State of New York · 1985
  2. Vernon Mc. v. Brenda N.Appellate Division of the Supreme Court of the State of New York · 1993
  3. Guevara v. GuevaraAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by16 opinions

  1. Ekstra v. EkstraAppellate Division of the Supreme Court of the State of New York · 2008
  2. Gonzalez v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2005
  3. James R.O. v. Cond-ArnoldAppellate Division of the Supreme Court of the State of New York · 2012
  4. Volpe v. VolpeAppellate Division of the Supreme Court of the State of New York · 2009
  5. Womack v. JacksonAppellate Division of the Supreme Court of the State of New York · 2006

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