Swartout v. State

Order unanimously reversed, without costs, and motion denied. Memorandum: It was error to direct disclosure by the State of the appraisal report secured by it in July, 1967 but not filed or exchanged by it in accordance with Rule 1200.27 of the Court of Claims (22 NYCRR 1200.27). Defendant’s affidavit asserts that the report was “ prepared and used exclusively for the purpose of negotiation and settlement.” Claimants have made no showing controverting that statement. Thus, the report enjoys the conditional immunity from disclosure conferred on material prepared for litigation by CPLR 3101…