In re the Town of Hempstead

In this proceeding in eminent domain, the claimants seek an order directing the petitioner, Town of Hempstead, to submit to an examination before trial.

The claimants seek such examination in order to establish a factual foundation for the receipt in evidence at the trial of a second appraisal made for petitioner in this proceeding on the basis that it w;as obtained and relied upon or adopted for a purpose other than negotiation for settlement or litigation. Claimants contend that if such factual foundation is established, such *559second appraisal will be admissible in evidence at the trial as an…