ERIE LACKAWANNA RY. CO. v. STATE


54 A.D.2d 1089 (1976)

Erie Lackawanna Railway Company, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim Nos. 51229 and 52533.)

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

November 5, 1976


Order unanimously modified in accordance with memorandum and, as modified, affirmed, without costs.

Memorandum:

The State appeals from an order of the Court of Claims insofar as the order directed the State to produce a copy of an unfiled appraisal of the premises which are the subject of this highway appropriation. The State claims that the appraisal is immune from discovery because it has been used only for settlement negotiations (CPLR 3101, subd [d])....

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