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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department — Motor Vehicle Accident: Harris v. Schmidt

Fourth Department — Motor Vehicle Accident: Harris v. Schmidt

Appellate Division, Fourth Department 

Motor Vehicle Accident

Discovery of Tax Records — Post-Accident Employment

Harris v. Schmidt
CA 13-01840
Appealed from Supreme Court, Erie County

Background: The plaintiffs commenced an action after their vehicle was hit by the defendants’ vehicle. The plaintiffs failed to respond to the defendants’ notice for discovery and the defendants moved for the discovery of the documents subject to their demand. The plaintiffs appealed from the order directing them to produce income tax and other records related to post-accident employment of the plaintiff.

Ruling: The Appellate Division held that it was proper for the court to direct the plaintiffs to submit the tax records for in camera review to determine their relevancy.

Hilary Banker of Burgio, Kita, Curvin & Banker for the defendants-appellants; Richard S. Binko for the plaintiffs-respondents