Appellate Division of the Supreme Court of New York, 1973

Freed v. Freed

Freed v. Freed
Appellate Division of the Supreme Court of New York · Decided February 1, 1973
41 A.D.2d 606; 340 N.Y.S.2d 415; 1973 N.Y. App. Div. LEXIS 5210
Freed v. Freed

Opinion of the Court

Order, Family Court of the State of New York, New York County, entered July 31, 1972, granting an examination before trial, unanimously reversed, on the law and the facts without costs and without disbursements, and the motion denied. The petitioner in this proceeding is seeking modification of an alimony provision contained in an earlier matrimonial decree. The parties have been divorced for over four years and the husband has since remarried. In a case such as this, where the pretrial examination requested would become an exacerbating circumstance, such examination must be denied, absent a showing of special circumstances by the party seeking to change-the present alimony provisions (Hunter v. Hunter, 10 A D 2d 291, 294; Stern v. Stern, 39 A D 2d 87, 89; cf., Hover v. Hover, 29 N Y 2d 408, 413). Concur — MeGivern, J. P., Markewich, Nunez, Lane and Macken, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.