From Casetext: Smarter Legal Research

Frisina v. Frisina

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1974
45 A.D.2d 869 (N.Y. App. Div. 1974)

Opinion

July 22, 1974


In an action inter alia for divorce, defendant appeals from an order of the Supreme Court, Nassau County, entered February 19, 1974, which denied his motion to vacate a notice to examine him before trial. Order reversed, without costs, and motion granted. Disclosure of the parties' finances in a matrimonial action should ordinarily be directed "where the right to a decree is not seriously resisted and no special circumstances exist indicating that it would be improper to grant such disclosure" ( Plancher v. Plancher, 35 A.D.2d 417, 422). Where, however, as in the case at bar, there is an existing separation agreement whose terms measure the amount of support, that is such a special circumstance as to preclude disclosure. If the agreement is found by the court to be valid and presently enforceable, no greater amount than therein specified could be awarded by the court ( Goldman v. Goldman, 282 N.Y. 296; Galusha v. Galusha, 116 N.Y. 635; Vranick v. Vranick, 41 A.D.2d 663; Aronson v. Aronson, 50 Misc.2d 394). Plaintiff's contention that there is no valid and subsisting separation agreement must be determined at trial. Martuscello, Acting P.J., Latham, Shapiro, Benjamin and Munder, JJ., concur.


Summaries of

Frisina v. Frisina

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1974
45 A.D.2d 869 (N.Y. App. Div. 1974)
Case details for

Frisina v. Frisina

Case Details

Full title:RENEE G. FRISINA, Respondent, v. PETER J. FRISINA, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 22, 1974

Citations

45 A.D.2d 869 (N.Y. App. Div. 1974)

Citing Cases

Rubin v. Rubin

The intent of the language in section 250 is too clearly stated to permit survival of any vestige of Plancher…

Matter of Hoppl v. Hoppl

nd means will be granted where the matrimonial action is not contested and the party sought to be examined…