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FOGELSON v. BARST & MUKAMAL

192 A.D.2d 321 (1993)

595 N.Y.S.2d 450

Jeffrey P. Fogelson, Respondent, v. Barst & Mukamal et al., Appellants

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

April 1, 1993

The IAS Court has the discretion to excuse compliance with the ten-day limit of CPLR 3122 (see, Matter of Handel v Handel, 26 N.Y.2d 853), and there was here no abuse of that discretion. Defendants did not make the required showing that the tax returns contain necessary information that could not be obtained elsewhere (see, Gordon v Grossman, 183 A.D.2d 669

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