WENNER v. WENNER


56 A.D.3d 766 (2008)

KAREN M. WENNER, Appellant, v. JOHN J. WENNER, Respondent.

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

November 25, 2008.


Ordered that the order is reversed, on the facts and in the exercise of discretion, the motion is granted in its entirety, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings consistent herewith.

Given the equities of this case, the relative merits of the parties' positions, their respective financial circumstances, and the delay in the discovery process attributable to the defendant, the Supreme Court improvidently exercised its...

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