Opinion
2001-07144
Submitted March 14, 2002.
April 22, 2002.
In an action to recover damages for, inter alia, breach of fiduciary duty, the defendants appeal from stated portions of an order of the Supreme Court, Queens County (Weiss, J.), entered June 25, 2001, which, among other things, granted that branch of the plaintiff's motion which was for a protective order with regard to the defendants' subpoena to compel production of the plaintiff's tax documents.
Lehman Eilen, LLP, Uniondale, N.Y. (Timothy P. Kebbe of counsel), for appellants.
Glenn Backer, New York, N.Y., for respondent.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The defendants failed to demonstrate the necessity of disclosure of the plaintiff's tax documents, as the information sought was available from other sources (see Abbene v. Griffin, 208 A.D.2d 483; Consentino v. Schwartz, 155 A.D.2d 640, 641).
SANTUCCI, J.P., ALTMAN, TOWNES and CRANE, JJ., concur.