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Geller v. Geller

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1997
240 A.D.2d 539 (N.Y. App. Div. 1997)

Opinion

June 16, 1997

Appeal from the Supreme Court, Queens County (Milano, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

Although broad financial disclosure is necessary and required in a matrimonial action (see, Domestic Relations Law § 236 [B] [4]; De La Roche v. De La Roche, 209 A.D.2d 157, 158; Gellman v. Gellman, 160 A.D.2d 265, 267), the trial court is also vested with "broad discretion to supervise disclosure to prevent unreasonable annoyance, expense, embarrassment, disadvantage or other prejudice" (Annexstein v. Annexstein, 202 A.D.2d 1060, 1061; see, Hirschfeld v. Hirschfeld, 69 N.Y.2d 842, 844). Under the circumstances of the instant case, we conclude that the court properly exercised its discretion in denying the plaintiff's present motion for leave to depose the defendant, as the record firmly supports the court's conclusion that the plaintiff has used discovery as "a tool for harassment [and] financial waste".

Mangano, P.J., Ritter, Sullivan, Altman and McGinity, JJ., concur.


Summaries of

Geller v. Geller

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1997
240 A.D.2d 539 (N.Y. App. Div. 1997)
Case details for

Geller v. Geller

Case Details

Full title:SUSAN GELLER, Appellant, v. MARTIN GELLER, Respondent

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

Date published: Jun 16, 1997

Citations

240 A.D.2d 539 (N.Y. App. Div. 1997)
660 N.Y.S.2d 21

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