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HOWARD S. v. LILLIAN S.

No. 71

14 N.Y.3d 431 (2010)

928 N.E.2d 399

902 N.Y.S.2d 17

HOWARD S., Appellant, v. LILLIAN S., Respondent.

Court of Appeals of New York.

Decided April 29, 2010.

Attorney(s) appearing for the Case

Blank Rome, LLP, New York City ( Jacqueline W. Silbermann , Donald Frank , Harris Cogan and Brett S. Ward of counsel), for appellant.

Berkman Bottger & Rodd, LLP, New York City ( Walter F. Bottger , Jacqueline Newman and Scott T. Horn of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur with Chief Judge LIPPMAN; Judge PIGOTT dissents in a separate opinion.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The dispute in this matrimonial action centers on the extent of discovery that should be permitted into issues of marital fault. As set forth in the complaint, plaintiff husband and defendant wife were married in May 1997. Defendant had one child from a previous relationship, who was later adopted by plaintiff. Three other children were born during the course of the...

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