192 Broadway Jewelers, Inc. v. Metropolitan Transportation Authority

Judgment, Supreme Court, New York County (Walter B. Tolub, J.), entered September 21, 2009, against claimant in favor of condemnor in the amount of $113,444.03, unanimously affirmed, without costs.

The trial court appropriately ordered claimant to produce its tax returns (see e.g. Berger v Fete Cab Corp., 57 AD2d 784 [1977]), especially since the only item admitted in evidence was a depreciation schedule (see Kornblatt v Jaguar Cars, 172 AD2d 590 [1991]). Claimant had failed to produce any receipts or other documents indicating the original cost of the trade fixtures for which it sought…