Altman v. City of New York

In this personal injury action, wherein the plaintiff has alleged substantial loss of earnings for a number of years, the defendant Consolidated Edison has moved for an order requiring the plaintiff to discover and permitting the defendant to inspect the plaintiff’s income tax returns for the relevant years —1960 through 1963.

It is now established that, where a plaintiff in a negligence action puts in issue the matter of his loss of earnings, a defendant may secure discovery and inspection of the plaintiff’s pertinent income tax returns (Elmer v. Byrd, 32 Misc 2d 408, affd. 16 A D 2d 744).

The…