Smith v. Posner

Plaintiff’s motion seeking a continuation of defendant’s examination before trial and the production of his personal tax returns for the years 1972 and 1973 is denied. In the absence of a showing of special circumstances, here lacking, a demand for income tax returns will be denied. (See Fugazy v Time, Inc., 24 AD2d 443; Glenmark, Inc. v Carity, 22 AD2d 680.) Moreover, it appears that plaintiff has sufficient information from the various records already submitted to him, including the partnership tax returns, to proceed on his claim.

Defendant’s cross motion for summary judgment is also…