Upstate Federal Credit Union v. State

OPINION OF THE COURT

Diane L. Fitzpatrick, J.

Claimant has moved to strike defendant’s “rebuttal” report filed on November 23, 2001 on the grounds that the State is “attempting to thwart the appraisal rule by styling a report as *178‘rebuttal’ that it could have and should have included in its original appraisal.” (Rosenbloom affidavit ¶ 17.) The State has cross-moved for an order suspending interest on the judgment due to claimant’s wilful failure to disclose relevant material. Oral argument on the motions was heard by the court on April 29, 2002.

These motions arise in the context of an eminent…