Wegman v. Wegman
Opinion of the Court
In an action for divorce, the defendant wife appeals from so much of an order of the Supreme Court, Nassau County, dated June 21, 1974, as denied her motion for a protective order. Order affirmed insofar as appealed from, without costs. No opinion. Latham, Benjamin and Munder, JJ., concur; Hopkins, Acting P. J., and Martuscello, J., dissent and vote to reverse the order insofar as appealed from and to grant the defendant wife’s motion for. a protective order in accordance with the following memorandum: This court has traditionally required that the right to an examination before trial as to finances in matrimonial actions be conditioned upon a showing of “special circumstances ” (Morse v. Morse, 40 A D 2d 996; Standley v. Standley, 41 A D 2d 564; Stern v. Stern, 39 A D 2d 767). Many of the considerations which led to articulation of the special circumstances rule for such pretrial financial examinations are also present where pretrial physical examinations are sought. A consistent and understandable approach to these kinds of matrimonial pre
Case-law data current through December 31, 2025. Source: CourtListener bulk data.