Bibeau v. Cantiague Figure Skating Club

• Decision Date: 28 May 2002
• Docket Number: 2,01-07823
• Citation: Bibeau v. Cantiague Figure Skating Club (N.Y. App. Div. 2002)
• Parties: Manon Bibeau, appellant, v Cantiague Figure Skating Club, Inc., respondent, et al., defendant. (Index/00) 2001-07823 2001-09950 2001-11021 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT Submitted -
• Court: New York Supreme Court — Appellate Division

Manon Bibeau, appellant v Cantiague Figure Skating Club, Inc., respondent, et al., defendant.

(Index No. 3929/00)

2001-07823

2001-09950

2001-11021

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

Submitted - April 4, 2002

Decided on May 28, 2002

Steven L. Levitt & Associates, P.C., Williston Park, N.Y. (James J. Daw, Jr., and Evanthia Voreadis of counsel), for appellant.

Stephan Persoff, Carle Place, N.Y., for respondent.

DECISION & ORDER

ANITA R. FLORIO, J.P.

NANCY E. SMITH

DANIEL F. LUCIANO

HOWARD MILLER, JJ.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals (1), as limited by her brief, from so much of an order of the Supreme Court, Nassau County (DeMaro, J.), entered July 31, 2001, as granted the motion of the defendant Cantiague Figure Skating Club, Inc., to strike the complaint to the extent of directing her to provide unredacted copies of her income tax returns for 1999 and 2000 containing her Social Security number, (2), as limited by her brief, from so much of an order of the same court, entered October 12, 2001, as granted the motion of the defendant Cantiague Figure Skating Club, Inc., to compel further discovery to the extent of directing her to furnish her Social Security number and requiring her to submit an affidavit of merit, and (3) from an order of the same court, dated November 28, 2001, which dismissed the complaint based upon her failure to disclose her Social Security number and submit an affidavit of merit.

ORDERED that the orders entered July 31, 2001, and October 12, 2001, are reversed insofar as appealed from and the motions are denied; and it is further,

ORDERED that the order dated November 28, 2001, is reversed, and the complaint is reinstated, and it is further,

ORDERED that one bill of costs is awarded to the appellant.

Under the circumstances of this case, the Supreme Court erred in compelling the plaintiff to furnish unredacted copies of income tax returns containing her Social Security number (see Saratoga Harness Racing v Roemer, 274 A.D.2d 887, 889; Dore v Allstate Indem. Co., 264 A.D.2d 804; Otto v Triangle Aviation Serv., 258 A.D.2d 448; Cottrell v Spina, 214 A.D.2d 946; Titleserv Inc. v Zenobio, 210 A.D.2d 314; Zimmer v Cathedral School of St. Mary & St. Paul, 204 A.D.2d 538; Kupferberg v State of New York, 97 Misc.2d 519, 522). The Supreme Court also erred in requiring the plaintiff to submit an affidavit of merit (see ...