Giuliano v. Hunts Point Cooperative Market, Inc.

Appellate Division of the Supreme Court of New York

Giuliano v. Hunts Point Cooperative Market, Inc.

56 A.D.2d 909, 392 N.Y.S.2d 850, 1977 N.Y. App. Div. LEXIS 11309

Appellate Division of the Supreme Court of the State of New York·Decided March 28, 1977·Published

Opinion

In an action to recover damages for personal injuries, etc., defendant Depot Construction Corp. appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County, dated August 5, 1976, as denied its motion for discovery and inspection of plaintiffs’ Federal income tax returns for the years 1970 through 1975. Order affirmed insofar as appealed from, with $50 costs and disbursements. No special or unusual circumstances have been shown to exist here and, therefore, plaintiffs’ income tax records are not subject to discovery (cf. Krauss v Putterman, 50 AD2d 599). Martuscello, Acting P. J., Cohalan, Rabin and Mollen, JJ., concur.

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In an action to recover damages for personal injuries, etc., defendant Depot Construction Corp. appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County, dated August 5, 1976, as denied its motion for discovery and inspection of plaintiffs’ Federal income tax returns for the years 1970 through 1975. Order affirmed insofar as appealed from, with $50 costs and disbursements. No special or unusual circumstances have been shown to exist here and, therefore, plaintiffs’ income tax records are not subject to discovery (cf. Krauss v Putterman, 50 AD2d 599). Martuscello, Acting P. J., Cohalan, Rabin and Mollen, JJ., concur.

Giuliano v. Hunts Point Cooperative Market, Inc., 56 A.D.2d 909, 392 N.Y.S.2d 850, 1977 N.Y. App. Div. LEXIS 11309 (N.Y. Ct. App. 1977).

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Opinion

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