XAMAKA, INC. v. 166 EAST 61ST STREET CORPORATION


277 A.D.2d 35 (2000)

715 N.Y.S.2d 145

XAMAKA, INC., Respondent, v. 166 EAST 61ST STREET CORPORATION, Sued Herein as 166 EAST 61ST STREET ASSOCIATES, Appellant and Third-Party Plaintiff, et al., Defendants, et al., Third-Party Defendants.

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

Decided November 9, 2000.


After having the opportunity to review the financial documents presented at the depositions of plaintiff's accountant and president, and subsequently having received additional documents that were used in the preparation of plaintiff's tax returns, defendant makes no showing of any "overriding necessity" such as might warrant production of plaintiff's tax returns (Matthews Indus. Piping Co. v Mobil Oil Corp., 114 A.D.2d 772).

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