Legal Opinion
Erie Lackawanna Railway Co. v. State
Appellate Division of the Supreme Court of the State of New York
Decided November 5, 1976No. Claim Nos. 51229 and 52533PublishedCited by 15 opinions
1Opinion of the Court
—Order unanimously modified in accordance with memorandum and, as modified, affirmed, without costs. Memorandum: The State appeals from an order of the Court of Claims insofar as the order directed the State to produce a copy of an unfiled appraisal of the premises which are the subject of this highway appropriation. The State claims that the appraisal is immune from discovery because it has been used only for settlement negotiations (CPLR 3101, subd [d]). By statute (CPLR 3140) and court rule (22 NYCRR 1024.24, 1200.27), the parties to an appropriation claim are directed to exchange all…
2Cases cited2 opinions
- Swartout v. StateAppellate Division of the Supreme Court of the State of New York · 1974
- Niagara Falls Urban Renewal Agency v. Clifton Holding, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
3Cited by15 opinions
- Cronk v. StateNew York Court of Claims · 1979
- South Slope Holding Corp. v. ComstockAppellate Division of the Supreme Court of the State of New York · 2001
- 815 Associates, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1998
- First National City Bank v. StateAppellate Division of the Supreme Court of the State of New York · 1979
- Miller v. StateNew York Court of Claims · 1977
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