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RAINESS v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

33 A.D.3d 516 (2006)

823 N.Y.S.2d 136

ERROL RAINESS, Individually and as Representative of the Estate of KIEKO MACHIDA, Deceased, Appellant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Respondent. (And a Third-Party Action.)

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

Decided October 24, 2006.

The tax returns are relevant to issues raised in this litigation, including the rental value of the commercial unit, and whether a pattern of travel by plaintiff and the decedent existed before and after the subject time period. Requiring plaintiff to produce tax returns for three years before and after the relevant time period is reasonable. However, an inaccurate time frame was employed during the bench conference. The pleadings...

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