From Casetext: Smarter Legal Research

Suozzi v. Parente

Appellate Division of the Supreme Court of New York, First Department
May 3, 1990
161 A.D.2d 232 (N.Y. App. Div. 1990)

Summary

In Suozzi v. Parente, 554 N.Y.S.2d 617 (N.Y.App. Div. 199 0), for instance, a defamation plaintiff was not entitled to discovery of the defendant's income tax returns in support of a punitive damages claim until the issue of liability was resolved in the plaintiff's favor.

Summary of this case from Hetter v. District Court

Opinion

May 3, 1990

Appeal from the Supreme Court, New York County (Walter M. Schackman, J.).


Plaintiff seeks the financial disclosure in this defamation action solely in support of his claim for punitive damages. Such discovery should await the return of a special verdict on the question of liability (Rupert v. Sellers, 48 A.D.2d 265), and is inappropriate at this pretrial stage (Dufresne v. Duemler, 108 A.D.2d 1102). At the very least, plaintiff must demonstrate some factual basis for his punitive damage claim before invading the financial privacy of the defendants (Moran v. International Playtex, 103 A.D.2d 375).

Concur — Kupferman, J.P., Ross, Asch, Ellerin and Rubin, JJ.


Summaries of

Suozzi v. Parente

Appellate Division of the Supreme Court of New York, First Department
May 3, 1990
161 A.D.2d 232 (N.Y. App. Div. 1990)

In Suozzi v. Parente, 554 N.Y.S.2d 617 (N.Y.App. Div. 199 0), for instance, a defamation plaintiff was not entitled to discovery of the defendant's income tax returns in support of a punitive damages claim until the issue of liability was resolved in the plaintiff's favor.

Summary of this case from Hetter v. District Court
Case details for

Suozzi v. Parente

Case Details

Full title:JOSEPH A. SUOZZI, Appellant, v. ALAN PARENTE et al., Respondents

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

Date published: May 3, 1990

Citations

161 A.D.2d 232 (N.Y. App. Div. 1990)
554 N.Y.S.2d 617

Citing Cases

Sterling Nat'l Bank v. Ernst & Young LLP

The court's partial vacatur of plaintiff's second and fourth requests for documents was proper. These…

Robinson v. Corporate Consulting Serv., Ltd.

Although plaintiff seeks punitive damages from Dougherty, plaintiff is not entitled to this financial…