WALDBAUM NIMKOFF v. NIMKOFF


36 A.D.3d 498 (2007)

830 N.Y.S.2d 27

NANCY WALDBAUM NIMKOFF, Respondent, v. RONALD A. NIMKOFF, Appellant. BERNICE H. SCHAUL, PH.D., Nonparty Respondent.

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

Decided January 18, 2007.


Defendant was given ample opportunity to cross-examine the evaluator as to any bias in favor of mothers in custody proceedings. The circumstances here do not suggest the need for a departure from the general rule that depositions are not permitted in custody disputes. Furthermore, deposing of expert witnesses is generally discouraged. The court's order directing production of Dr. Schaul's data file for review three business days prior to trial was...

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