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MARILYN HASKELL, Appellant, v. JEROME HASKELL, Defendant. GRAN PRIX AUTO WHOLESALERS, INC., Nonparty Respondent.

Order reversed insofar as appealed from, without costs or disbursements, and Gran Prix's motion is denied in its entirety. The deposition and production of documents shall proceed at Special Term (Part II) at a time to be fixed in a written notice of not less than 20 days to be given by plaintiff, or at such other time and place as the parties may agree.

In this divorce action, the defendant husband is an employee and minority (one-third) shareholder of the corporation from which the plaintiff wife seeks disclosure. Under the circumstances of this case, and in view of the broad disclosure of finances allowable under the Equitable Distribution Law, Special Term should have allowed discovery of all corporate financial records from the inception of the corporation, which postdates the marriage of the parties (see Kaye v Kaye, 102 A.D.2d 682). Mollen, P.J., Titone, O'Connor and Weinstein, JJ., concur.

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HASKELL v. HASKELL
(Aug 13, 1984)