Divorce: New York

Divorce: New York

Category Archives: Discovery

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Journalist Privilege Precludes Divorce Action Discovery From Author

Posted in Discovery
A party in a divorce action who seeks to compel a journalist to turn over information or documents must meet an extraordinary burden. So held New York County Supreme Court Justice Donna M. Mills in an August 21, 2014 decision Matter of Hamm (Zuckerman). Petitioner, Sue Ann Hamm, and her husband, Harold Hamm, are parties… Continue Reading

Court Orders Disclosure to Aid in Arbitration of Child Support Issues

Posted in Alternative Dispute Resolution (ADR), Child Support (C.S.S.A.), Discovery
The calculations required by the C.S.S.A. to be made by an arbitrator in child support determinations provide the “extraordinary circumstances” needed  to warrant court-ordered disclosure of documents from a self-employed ex-husband. Such was the ruling of Kings County Supreme Court Justice Jeffrey S. Sunshine in his November 6, 2013 decision in Weisz v. Weisz. In… Continue Reading

Divorce Court Will Not Enjoin Wife From Commencing Federal RICO Action Against Husband

Posted in Discovery, Incidental Relief, Temporary (Pendente Lite) Relief
From the “You Can’t Make This Stuff Up” Department: During the course of this Westchester County divorce action, Elizabeth Perry “engaged in inappropriate litigation behavior.” She refused to comply with court orders to produce documents or to submit to an examination before trial, she secreted assets (including millions of dollars of cash assets), and she apparently illicitly acquired… Continue Reading

What Exactly is an “Order of Preclusion?”

Posted in Discovery, Evidence
If a spouse wilfully fails to provide financial information during the discovery phase of a divorce action, one remedy may be an order of preclusion under C.P.L.R. §3126.  Thus, an August, 2010 decision of the Appellate Division, Second Department, in Raville v. Elnomany, affirmed the preclusion of the husband “from offering financial evidence at the… Continue Reading

Grabbing the Business Computer

Posted in Discovery
In her June 25, 2010 Shreiber (PDF) decision, Brooklyn Supreme Court Justice Delores Thomas denied a wife’s second motion for the wholesale inspection of her husband’s (previously-secured) computer hard disk drive. A prior motion had been denied as premature and because the activities of the appraiser court-appointed to evaluate the husband’s solo law practice might have rendered… Continue Reading