Lindenman v. Thompson

In this personal injury action defendants move for discovery and inspection of certain income tax returns of the plaintiff, a dentist, and of his 1962 appointment book. Plaintiff cross-moves to amend his bill of particulars as to his medical expenses.

In opposition to defendants’ motion plaintiff contends that because his records were produced though not used by the defendants at plaintiff’s examination before trial, defendants have waived their right to a discovery and inspection of them. Defendants contend that at the examination before trial they requested production of the appointment book…