Bauer v. Huber

OPINION OF THE COURT

Edward H. Lehner, J.

Plaintiff’s motion for reargument is granted and, upon reargument, the court modifies its original decision in the manner set forth below.

This is a negligence action for personal injuries in which plaintiff has placed his income in issue by claiming loss of earnings as an element of damages. The issue to be determined is whether defendant is entitled to discovery and inspection of plaintiff’s income tax returns where plaintiff is not a self-employed individual, but rather a wage earner employed by a close corporation bearing his surname.

While disclosure…