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BERGER v. FETE CAB CORP.

57 A.D.2d 784 (1977)

Madelaine Berger, Appellant, v. Fete Cab Corp. et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 19, 1977

As a rule the appellant will be precluded from raising on appeal an issue not raised at Special Term (Matter of Angel Fabrics [Cravat Pierre, Ltd.], 51 A.D.2d 951). Even so, while disclosure of tax returns is generally not favored (3A Weinstein-Korn-Miller, NY Civ Prac, par 3101.10), special circumstances may require their production (Fugazy v Time, 24 A.D.2d 443). Where, as here, loss of...

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