JEREMIAH v. DOWE


289 A.D.2d 178 (2001)

735 N.Y.S.2d 386

SAMUEL JEREMIAH et al., Respondents, v. FRANKLIN DOWE, Appellant.

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

Decided December 27, 2001.


We reject defendant's argument that a deposition concerning a party's assets is authorized only for purposes of proceedings to enforce a judgment pursuant to CPLR article 52. Conditioning approval of the proposed compromise upon the taking of defendant's deposition concerning his assets is authorized by CPLR 3101 (a), and was a proper exercise of discretion given the court's responsibility under CPLR 1207 to approve only a settlement that is in the infant's best interests...

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