Opinion
December 17, 1970
Order, Supreme Court, New York County, entered July 9, 1970, reversed on the law and in the exercise of discretion and petitioner-respondent's motion to examine respondent-appellant to obtain information for the purpose of framing a complaint (CPLR 3102) denied, without costs and without disbursements. Petitioner wife desires to sue respondent husband for alleged breach of the provisions of a separation agreement. Although she is not yet in a position to state the precise amount of damages, it appears that she has sufficient information at this time to frame a complaint. After joinder of issue she may, if so advised, take steps to bring about disclosure of further required information.
Concur — Stevens, P.J., Eager, Markewich and Nunez, JJ.