Appellate Division, Fourth Department
Interrogatories — Limited Partnerships
D’Angelo v. D’Angelo
Appealed from Supreme Court, Monroe County
Background: The plaintiff had moved for an order directing nonparty respondents to answer interrogatories under CPLR § 3130 (2). The defendant and nonparty respondents opposed the motion, contending that the information sought in the interrogatories was irrelevant to the underlying matrimonial action. The defendant and nonparty respondents argued that the defendant’s involvement with the various limited partnerships that are the subject of the interrogatories was as custodian for the interests held by the parties’ six children. The court had granted the plaintiff’s motion.
Ruling: The appellate division affirmed. The information requested was relevant as the information sought was reasonable and necessary in plaintiff’s prosecution of the matrimonial action. The information sought by the interrogatories was limited in scope and that child support would be directly affected by any tax liability of the children or any assets held by them.
F. Michael Ostrander of Woods Oviatt Gilman LLP for the nonparty respondents-appellants; Vivian M. Auilina of the Legal Aid Society of Rochester for the plaintiff-respondent