Snow v. Snow
Opinion of the Court
—In an action for a divorce and ancillary relief, the plaintiff appeals from (1) stated portions of an order of the Supreme Court, Nassau County (Robbins, J.), dated March 17, 1994, which, inter alia, denied the plaintiffs motion to have the defendant held in contempt, and (2) stated portions of an order of the same court dated May 13, 1994, which, inter alia, ordered the completion of stated discovery, granted the separate cross motions by the defendant and the nonparty respondents for a protective order, and set the matter down for trial.
Ordered that the order dated March 17, 1994, is affirmed insofar as appealed from; and it is further,
Ordered that the order dated May 13, 1994, is modified, by (1) deleting the provisions thereof which granted the defendant a protective order with respect to securities and real estate investments, tax returns, business expenses, trusts in which the defendant has an interest, credit card charges, medical and dental benefits, transferred interests in businesses or any other assets, automobiles leased or available to the defendant, W-2 and 1099 IRS forms, and any appointment books concerning business-related or income-producing activi
Ordered that the appellant is awarded one bill of costs; and it is further,
Ordered that the defendant and any nonparties affected by this decision and order are directed to complete discovery within 60 days after service upon them by the plaintiff of a copy of this decision and order, with notice of entry.
The plaintiff wife contends that the defendant husband should be held in contempt pursuant to Domestic Relations Law § 245 for failing to make court-ordered pendente lite
The plaintiff further contends that the Supreme Court improperly issued protective orders limiting her discovery from the defendant and the various business entities in which he had sold his interests. We find that the plaintiff’s argument has merit and, accordingly, the protective order issued in favor of the defendant requires modification. First, because the spouse is entitled to discovery of assets up until the date of trial (see, Wegman v Wegman, 123 AD2d 220; Lee v Lee, 93 AD2d 221; 1 New York Practice Guide, op cit., § 12.02 [3] [a]), the defendant is ordered to update the following information through the present: securities and real estate investments, tax returns, business expenses, trusts in which the defendant has an interest, credit card charges, medical and dental benefits, transferred interests in businesses or any other assets, automobiles leased or available to the defendant, W-2 and 1099 IRS forms, and any appointment books concerning business-related or income-producing activities. Further, the defendant is ordered to answer the following questions in interrogatory form: whether he currently owns or is covered by any insurance policies, whether he has any interest in any corporations, partnerships, or other financial or business entities, whether he has received or will receive any benefits from employment-related agreements (e.g., pension plans, etc.), whether he has received or will receive any disbursements from an interest in trusts, and whether he owns any heretofore undisclosed personal property. Concerning these questions, we stress that the answer "N/A,” a common shorthand
Similarly, the protective orders issued in favor of the non-party-respondents, All American Metals Corp., H.J.P. Realty Corp., W.B.R. Realty, and P.H.J. Associates, require modification. First, we direct that a responsible officer or employee of All American Metals Corporation reveal any agreements between it and the defendant, and whether the defendant has a medical or dental insurance plan with it. Second, because the plaintiff is entitled to discover the value of the defendant’s interest in a closely-held corporation and to challenge the bona fides of his sale of such interests (see, Rosenberg v Rosenberg, 126 AD2d 537; Haskell v Haskell, 104 AD2d 394; Kaye v Kaye, 102 AD2d 682; Ruggiero v Ruggiero, 100 AD2d 875; Lee v Lee, 93 AD2d 221, supra; 1 New York Practice Guide, Domestic Relations, § 12.02 [3] [b] [i]), we direct that a responsible officer or employee of All American Metals Corporation supply the plaintiff with a copy of the corporate tax returns for the years 1985 through the present, as well as all checks issued to the defendant concerning the buy-out of his interest in the corporation which have not yet been disclosed. We note that the ordering of this disclosure vitiates the need for further deposition testimony from Bernard Pechter. Third, we direct a responsible officer or employee of H.J.P. Realty Corporation, W.B.R. Realty, and P.H.J. Associates to supply the plaintiff with a copy of all corporate tax returns for the years 1985 through the present.
In addition, although the court properly quashed the subpoena served by the plaintiff on Chemical Bank, the subpoena served upon Shacker Realty sought information both relevant and necessary to the proceeding that was not otherwise in the possession of the parties. Accordingly, the subpoena concerning Shacker Realty should be reinstated.
We also modify the injunction preventing the plaintiff from serving any additional nonparties to the action with subpoena so as to allow such service upon leave of the Supreme Court.
Finally, the plaintiff’s argument that the court improperly set a cut-off date for discovery and a date for trial is rendered academic by the fact that both dates have since passed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.