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GILBERT v. GILBERT

71 A.D.2d 568 (1979)

Rhoda Gilbert, Appellant-Respondent, v. Edward M. Gilbert, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 10, 1979

In its decision, dated July 10, 1978, the court at Special Term properly permitted the plaintiff to examine the defendant with regard to his finances. At that point in time, a question of fact clearly existed as to whether the defendant had reasonably determined, under article 5 of the parties' second agreement, that he did not have the financial resources to obtain a $100,000 life insurance policy on his life in favor of the plaintiff...

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