Jacob Goldman, Respondent, v. Morton Salzberg et al., Appellants

Jacob Goldman, Respondent, v. Morton Salzberg et al., Appellants. [MAJORITY] Order, Supreme Court, New York County, entered January 11, 1973, which, inter alia, denied a protective order with respect to three items demanded in a notice to produce, unanimously modified, on the law and the facts, and the motion granted as to Items Nos. 1, 2 and 3, and otherwise affirmed, without costs and without disbursements. Plaintiff seeks a percentage of the net profits of the defendant corportaion for the period of his employment. The appeal concerns the demand, in the plaintiff’s notice to produce in connection with a scheduled deposition, for income tax returns, transcripts of checking accounts, and financial statements filed with lending institutions. Until the right of a percentage of the net profits is established, the plaintiff should not obtain details which have to do with the amount that may be due rather than with the basic claim. (Barnett Robinson, Inc. v. F. Staal, Inc., 43 A D 2d 826.) Concur—Nunez, J. P., Kupferman, Murphy, Lupiano and Tilzer, JJ.