Fogelson v. Barst

Appellate Division of the Supreme Court of New York

Fogelson v. Barst

192 A.D.2d 321, 595 N.Y.S.2d 450, 1993 N.Y. App. Div. LEXIS 3240

Appellate Division of the Supreme Court of the State of New York·Decided April 1, 1993·Published·Cited by 2 cases

Opinion

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered July 1, 1992, which granted plaintiff’s motion for a protective order striking defendants’ demand for production of plaintiff’s 1987-1990 tax returns, unanimously affirmed, with costs.

The IAS Court has the discretion to excuse compliance with the ten-day limit of CPLR 3122 (see, Matter of Handel v Handel, 26 NY2d 853), and there was here no abuse of that discretion. Defendants did not make the required showing that the tax returns contain necessary information that could not be obtained elsewhere (see, Gordon v Grossman, 183 AD2d [322]*322669). Concur — Carro, J. P., Rosenberger, Ellerin, Wallach and Rubin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered July 1, 1992, which granted plaintiff’s motion for a protective order striking defendants’ demand for production of plaintiff’s 1987-1990 tax returns, unanimously affirmed, with costs.

The IAS Court has the discretion to excuse compliance with the ten-day limit of CPLR 3122 (see, Matter of Handel v Handel, 26 NY2d 853), and there was here no abuse of that discretion. Defendants did not make the required showing that the tax returns contain necessary information that could not be obtained elsewhere (see, Gordon v Grossman, 183 AD2d [322]*322669). Concur — Carro, J. P., Rosenberger, Ellerin, Wallach and Rubin, JJ.

Fogelson v. Barst, 192 A.D.2d 321, 595 N.Y.S.2d 450, 1993 N.Y. App. Div. LEXIS 3240 (N.Y. Ct. App. 1993).

Pincite

192 A.D.2d 321 (Fogelson v. Barst) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related