MATTER OF HICKSVILLE PROPS., INC. v. BD. OF ASSESSORS


116 A.D.2d 717 (1986)

In the Matter of Hicksville Properties, Inc., Appellant, v. Board of Assessors and/or Assessor of the County of Nassau et al., Respondents

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

January 27, 1986


Judgment reversed, on the law and the facts, with costs, and a new trial granted.

On the trial of this real estate tax assessment review proceeding, petitioner sought to impeach the county's expert appraisal witness with an unfiled prior inconsistent written appraisal. The trial court ruled against admission of the report into evidence on the ground that it was material prepared solely for litigation and immune from disclosure under CPLR 3101 (d). By statute (CPLR...

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