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WHITE v. WHITE

2009/12188

42 Misc.3d 260 (2013)

974 N.Y.S.2d 754

2013 NY Slip Op 23370

SANDRA JO WHITE, Plaintiff, v. DANIEL P. WHITE, Defendant.

Supreme Court, Monroe County.

Decided October 17, 2013.

Attorney(s) appearing for the Case

Davidson Fink LLP, Rochester ( Walter R. Capell of counsel), for plaintiff. Michael D. Schmitt , Rochester, for defendant.

OPINION OF THE COURT

RICHARD A. DOLLINGER, J.

A lawyer asks a disputed question during a deposition: "Okay. Is that right? You're not withdrawing your request for changing custody unless she withdraws her request for child support?"

Opposing counsel directs the witness not to answer, claiming "it is an inappropriate question."

The witness states that he will answer the question and the questioner...

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