EVANGELISTA v. VLS ENTERPRISES CORP.


274 A.D.2d 317 (2000)

711 N.Y.S.2d 724

CLAUDE EVANGELISTA, Respondent, v. VLS ENTERPRISES CORP. et al., Appellants.

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

Decided July 6, 2000.


In this action alleging the fraudulent conveyance of funds from one defendant company to another to avoid repayment of promissory notes held by plaintiff, the motion court properly exercised its discretion in directing that certain tax returns and business records of both defendant companies be provided to plaintiff, since the sought documents are material and necessary to plaintiff's prosecution of his lawsuit and there was no claim that they are privileged from disclosure...

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