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FOUR ACES JEWELRY CORP. v. SMITH

256 A.D.2d 42 (1998)

680 N.Y.S.2d 539

FOUR ACES JEWELRY CORP., Respondent, v. JEFFREY D. SMITH et al., Appellants. (And a Third-Party Action.)

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

Decided December 3, 1998.

While tax returns are not discoverable absent a showing of overriding necessity (Matthews Indus. Piping Co. v Mobil Oil Corp., 114 A.D.2d 772), here, defendants have made the requisite showing. That there was a substantial variance between plaintiff's valuations of its inventory as of December 31, 1992, in a report to its insurer's accountant, and as of March 31, 1993, in its application...

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