Smithers v. Smithers

• Court: New York Supreme Court — Appellate Division
• Citation: Smithers v. Smithers, 291 N.Y.S.2d 897, 30 A.D.2d 693 (N.Y. App. Div. 1968)
• Decision Date: 17 June 1968
• Parties: Margaret M. SMITHERS, Respondent, v. John A. SMITHERS, Appellant.

Page 897

291 N.Y.S.2d 897

30 A.D.2d 693

Margaret M. SMITHERS, Respondent, v. John A. SMITHERS, Appellant.

Supreme Court, Appellate Division, Second Department.

June 17, 1968.

Paul & Edward Rosen, Poughkeepsie, for plaintiff-respondent; Harold L. Mangold, Poughkeepsie, of counsel.

Russell E. Aldrich, Poughkeepsie, for defendant-appellant; James E. Coombs, Poughkeepsie, of counsel.

Before CHRIST, Acting P.J., and BRENNAN, RABIN, HOPKINS and MUNDER, JJ.

MEMORANDUM BY THE COURT.

In an action upon a separation agreement (1) to recover money owing thereon and (2) for an accounting, order of the Supreme Court, Dutchess County, dated October 23, 1967, modified, on the law and the facts, by striking from the first decretal paragraph the words 'in all respects' and inserting after the word 'granted' the following: 'insofar as the motion is for continuation of the examination before trial and otherwise denied.' As so modified, order affirmed, without costs. The examination shall be continued at the place stated in said order at a time to be specified in a written notice of not less than 10 days or at such other time and place as the parties may stipulate.

In view of the statement in defendant's opposing affidavit that he is prepared to supply much of the information requested at the examination before trial and the failure of plaintiff's moving affidavit to...