SLATE v. STATE OF NEW YORK


268 A.D.2d 857 (2000)

701 N.Y.S.2d 729

JEROLD S. SLATE, Respondent, v. STATE OF NEW YORK, Appellant.

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

Decided January 20, 2000.


Mugglin, J.

Pursuant to a discovery order issued by the Court of Claims, claimant delivered to the court for in camera inspection certain materials sought to be discovered by the State. The Court of Claims prohibited discovery of the majority of the material submitted based upon application of the attorney-work-product rule and the attorney-client privilege. The State appeals, in essence contending that where it is responsible for the payment of counsel fees incurred...

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