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Rosenfeld v. Kaplan

Appellate Division of the Supreme Court of New York, First Department
Dec 16, 1997
245 A.D.2d 176 (N.Y. App. Div. 1997)

Summary

involving a partnership claim where plaintiff alleged that no other financial documents reflecting on the issue existed

Summary of this case from Silverman v. Keller

Opinion

December 16, 1997

Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).


Although "[b]ecause of their confidential and private nature, disclosure of tax returns is disfavored * * * [and a] party seeking disclosure must make a strong showing of necessity * * * and demonstrate that the information contained in the returns is unavailable from other sources [citations omitted] ( Gordon v. Grossman, 183 A.D.2d 669, 670; see also, Grossman v. Lacoff, 168 A.D.2d 484), the IAS Court erred in denying defendants' request for redacted versions of plaintiff's income tax returns. At issue was whether a partnership between the parties existed. Plaintiff claimed that it did, while defendants contended to the contrary and that therefore no financial statements or other documents reflecting such partnership exist. Hence plaintiff's income tax returns, which presumably include the requisite form K-1 and reflect deductions for his share of partnership expenses and that his income did not derive from employment with the defendant professional corporation, may be the sole source of positive evidence of the partnership's existence ( see, e.g., ACLI Govt. Sec. v. Rhoades, 813 F. Supp. 255, 257-258, affd 14 F.3d 591 [partnership not established where partnership proponent's personal income tax returns failed to reflect the deduction of partnership expenses]).

The sanction award pursuant to CPLR 3126 was error because defendants did not violate that provision. Their discovery request for the redacted income tax returns was not a refusal to comply with prior orders, because it did not constitute a failure to provide requested or ordered discovery and they demonstrated that the evidence sought was not otherwise available.

Concur — Rosenberger, J. P., Ellerin, Nardelli, Williams and Andrias, JJ.


Summaries of

Rosenfeld v. Kaplan

Appellate Division of the Supreme Court of New York, First Department
Dec 16, 1997
245 A.D.2d 176 (N.Y. App. Div. 1997)

involving a partnership claim where plaintiff alleged that no other financial documents reflecting on the issue existed

Summary of this case from Silverman v. Keller
Case details for

Rosenfeld v. Kaplan

Case Details

Full title:NATHAN ROSENFELD, Respondent, v. SAUL KAPLAN et al., Appellants

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 16, 1997

Citations

245 A.D.2d 176 (N.Y. App. Div. 1997)
666 N.Y.S.2d 180

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