Legal Opinion
Mobil Oil Corp. v. State
Appellate Division of the Supreme Court of the State of New York
Decided May 14, 1976No. Claim No. 54369PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously reversed, with costs, and motion granted. Memorandum: On a motion to determine whether the material sought was prepared for litigation and is thus immune from discovery pursuant to CPLR 3101 (subd [d]), the burden is on the party resisting disclosure to show immunity (Koump v Smith, 25 NY2d 287, 294; Dikun v New York Cent. R.R., 58 Misc 2d 439; Weisgold v Kiamesha Concord, 51 Misc 2d 456). Claimant adequately alleged a need for the desired examination before trial for the purpose of ascertaining the existence and use of unfiled appraisals prepared by the State (Court of…
2Cases cited7 opinions
- Koump v. SmithNew York Court of Appeals · 1969
- Weisgold v. Kiamesha Concord, Inc.New York Supreme Court · 1966
- Swartout v. StateAppellate Division of the Supreme Court of the State of New York · 1974
- City of Binghamton v. Arlington Hotel, Inc.Appellate Division of the Supreme Court of the State of New York · 1968
- Dikun v. New York Central RailroadNew York Supreme Court · 1968
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Weaver v. Waterville Knitting Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Stengel v. Long Island Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1978
- Hunt v. JosephAppellate Division of the Supreme Court of the State of New York · 1979
- Baratta v. PallottaAppellate Division of the Supreme Court of the State of New York · 1981