(Download) "Supama Coal Sales Co. v. Joseph J. Jackson" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Supama Coal Sales Co. v. Joseph J. Jackson
- Author : Supreme Court of New York
- Release Date : January 07, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiff's cross motion for an order
directing that defendant provide plaintiff with an authorization for the disclosure of defendant's personal income tax returns
for tax years other than the tax years 1982 through 1986. Plaintiff failed to make the requisite demonstration that those
tax returns were indispensable to this litigation and unavailable from other sources (see, Gordon v Grossman, A.D.2d [decided
May 28, 1992]; Grossman v Lacoff, 168 A.D.2d 484, 485; Consentino v Schwartz, 155 A.D.2d 640, 641; Mayo, Lynch & Assoc.
v Fine, 123 A.D.2d 607, 608; Niagara Falls Urban Renewal Agency v Friedman, 55 A.D.2d 830). Furthermore, Supreme Court properly denied plaintiff's cross motion to compel defendant to answer questions at an examination
before trial relating to his years of operation of plaintiff's business without any time limitation. It would also have been
improper to direct that all objections to questions to be asked at that examination before trial be reserved for the trial
court without knowing what those questions might be (see, White v Martins, 100 A.D.2d 805). Had this procedure been ordered,
defendant would have been deprived of the right to apply for a protective order (see, CPLR 3113 [b]; White v Martins, supra).
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