Marabello v. State of New York

In a claim, inter alia, to recover damages for assault and battery, the claimants appeal from an order of the Court of Claims (DeBow, J.), dated March 6, 2013, which, after an in camera inspection, denied their motion to compel disclosure of documents that the defendant withheld on the ground that the documents were privileged under the Education Law.

Ordered that the order is affirmed, with costs.

Since the defendant met its burden of demonstrating that the documents in dispute were privileged quality assurance documents prepared in accordance with Education Law § 6527 (3) and Mental Hygiene…