
    Genevieve Ortiz, Plaintiff, v. Felipe Ortiz, Defendant.
    Supreme Court, Special Term, Bronx County,
    February 8, 1954.
    
      Herman S. Rosen for defendant.
    
      I. Irving Braff for plaintiff.
   Matthew M. Levy, J.

In this divorce action, the defendant (who has counterclaimed for divorce on the allegation of his wife’s adultery) moves for a physical examination of the plaintiff, claiming that she is presently pregnant by another. The cases cited by the defendant in support of his prayer are inapplicable and I find no authority for such examination in this type of action. Whatever has been said in aid of the relief requested must be presented to the Legislature for determination as a matter of public policy. The motion is denied.  