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CITY OF NEW YORK v. CHURCH ST. REALTY ASSOCS.

196 A.D.2d 698 (1993)

601 N.Y.S.2d 615

City of New York, Respondent, v. Church Street Realty Associates et al., Appellants, et al., Defendant

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

September 9, 1993

The issue on this appeal is whether the plaintiff City of New York must produce investigative reports made by its former employee or whether the reports are protected by a qualified privilege as materials prepared in anticipation of litigation. We hold that the motion court erred by granting the City's motion for a protective order without first conducting an in camera inspection (see, James v Metro N. Commuter R. R., 166 A.D.2d 266

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