Appellate Division, Fourth Department
Motor Vehicle Accident
Discovery of Tax Records — Post-Accident Employment
Harris v. Schmidt
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