M. Farbman & Sons, Inc. v. New York City Health
New York Court of Appeals
POINTS OF COUNSEL I. A party may properly employ the Freedom of Information Law to examine public records even if it anticipates, or is actually engaged in, litigation with the public agency. (.Matter of John P. v Whalen, 54 NY2d 89; Matter of Burke v Yudelson, 51 AD2d 673; Matter of D’Alessandro u Unemployment Ins. Appeal Bd., 56 AD2d 762; Arzuaga v New York City Tr. Auth., 73 AD2d 518; Brady & Co. v City of New York, 84 AD2d 113.) II.
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POINTS OF COUNSEL I. A party may properly employ the Freedom of Information Law to examine public records even if it anticipates, or is actually engaged in, litigation with the public agency. (.Matter of John P. v Whalen, 54 NY2d 89; Matter of Burke v Yudelson, 51 AD2d 673; Matter of D’Alessandro u Unemployment Ins. Appeal Bd., 56 AD2d 762; Arzuaga v New York City Tr. Auth., 73 AD2d 518; Brady & Co. v City of New York, 84 AD2d 113.) II. Respondents failed to meet their burden to demonstrate convincingly that the requested documents fall within a statutory exemption. CMatter of Fink v…
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
Access to records of a government agency under the Freedom of Information Law (FOIL) (Public Officers Law, art 6) is not affected by the fact that there is pending or potential litigation between the person making the request and the agency. Because the court below erroneously concluded that FOIL is unavailable to a litigant, and that CPLR article 31 is a blanket exemption from FOIL, we reverse the dismissal of the petition, with costs, and reinstate Special Term’s order calling for an in camera inspection to test the agency’s claimed exemptions.
In 1977, appellant,…
2Cases cited15 opinions
- Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
- Fink v. LefkowitzNew York Court of Appeals · 1979
- Washington Post Co. v. New York State Insurance DepartmentNew York Court of Appeals · 1984
- John P. v. WhalenNew York Court of Appeals · 1981
- Westchester Rockland Newspapers, Inc. v. KimballNew York Court of Appeals · 1980
10 more not listed; retrieve them via the Exa API.
3Cited by134 opinions
- Gould v. New York City Police DepartmentNew York Court of Appeals · 1996
- Konvalinka v. Chattanooga-Hamilton County Hospital AuthorityTennessee Supreme Court · 2008
- Capital Newspapers Division of the Hearst Corp. v. BurnsNew York Court of Appeals · 1986
- Data Tree, LLC v. RomaineNew York Court of Appeals · 2007
- Daily Gazette Co. v. City of SchenectadyNew York Court of Appeals · 1999
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