Banigan v. Hill

The Supreme Court improperly granted that branch of the defendant’s motion which sought to produce the plaintiffs tax returns and related tax documents for the tax years 2004 through 2006. The defendant failed to meet his burden of showing that the relevant information possibly contained in the plaintiffs tax documents for the tax years 2004 through 2006 cannot be obtained from any alternative source, such as other financial or business records (see Corporate Interiors v Pappas, 293 AD2d 640, 641 [2002]; Abbene v Griffin, 208 AD2d 483 [1994]; Consentino v Schwartz, 155 AD2d 640, 641 [1989]).

Fu…