RINAOLO v. WERBEL McMILLIN & CARNELUTTI


246 A.D.2d 307 (1998)

666 N.Y.S.2d 414

Robert Rinaolo et al., Respondents, v. Werbel McMillin & Carnelutti et al., Appellants

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

January 6, 1998


Defendants so far fail to explain why the bank, credit and mortgage statements that have been produced do not adequately demonstrate the fact they want to prove — plaintiffs' lack of financial ability to accept their business partners' offer. Further, as the IAS Court aptly noted, the tax returns may not be decisive of that issue, such that defendants fail to make the requisite strong showing of necessity for the tax returns. We have considered defendants' other arguments...

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