Opinion
November 16, 1992
Appeal from the Supreme Court, Nassau County (Becker, J.).
Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, the provision thereof which denied that branch of the motion which was to strike the plaintiff's demand for tax returns is vacated, and that branch of the motion is granted; and it is further,
Ordered that the order is affirmed insofar as cross-appealed from; and it is further,
Ordered that the defendants are awarded one bill of costs.
The plaintiff failed to make a showing of necessity for the disclosure of the defendants' tax returns or that the information sought was unavailable from other sources (see, Zarr v Riccio, 180 A.D.2d 734; Consentino v Schwartz, 155 A.D.2d 640). Its remaining contentions are without merit. Bracken, J.P., Lawrence, Miller, Copertino and Santucci, JJ., concur.