Szymanski v. Szymanski

The defendant moves for “ an order vacating the plaintiff’s notice to take defendant’s testimony ”.

The notice, dated January 19, 1959, states: “The matters upon which the said defendant, Nestor Szymanski is to be examined are all of the relevant and material allegations of fact put in issue by the pleadings of this action.” It also seeks to have furnished at the examination certain documents concerning the defendant’s financial position and net worth.

The defendant contends that an examination before trial in a contested matrimonial action is against public policy.

It is not disputed that the…