Legal Opinion

Clark-Fitzpatrick, Inc. v. State

Appellate Division of the Supreme Court of the State of New York

Decided November 21, 1994PublishedCited by 1 opinion

1Opinion of the Court

—In a claim for reimbursement for extra expenses incurred pursuant to a construction contract, the claimant appeals from an order of the Court of Claims (Benza, J.), dated September 7, 1993, which denied *573discovery of a certain document in the possession of the defendant.

Ordered that the order is affirmed, with costs.

Upon our in camera review of the requested document, we find that the Court of Claims properly determined that the inter-agency report of the Department of Transportation is irrelevant to the subject matter of the claim and privileged under CPLR 3101 (b) (see, Cirale v 80 Pine St.…

2Cases cited5 opinions

  1. Cirale v. 80 Pine Street Corp.New York Court of Appeals · 1974
  2. Rome Sentinel Co. v. City of RomeAppellate Division of the Supreme Court of the State of New York · 1991
  3. Town of Oyster Bay v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1987
  4. In re the Estate of SchwartzNew York Surrogate's Court · 1986
  5. O'Shaughnessy v. New York State Division of State PoliceAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by1 opinion

  1. Robinson v. StateNew York Court of Claims · 2013

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