Wilde v. Wilde

Motion by defendant to vacate notice of examination before trial. Plaintiff’s notice seeks an examination “ with respect to the relevant and material allegations of fact put in issue by the pleadings in the action. This examination is limited to the non-matrimonial causes of action *408alleged in plaintiff’s complaint and put in issue by defendant’s answer; that is, the Third and Fourth Causes of Action contained in paragraphs 33 through 43 of the complaint.”

At the outset, it should be noted that though plaintiff “limits” the examination to the third and fourth causes of action the examination…