SWARTOUT v. STATE OF NEW YORK


44 A.D.2d 766 (1974)

Sherwin G. Swartout et al., Respondents, v. State of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 11, 1974


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...

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