NIAGARA FRONTIER TRANSPORTATION AUTHORITY v. BUFFALO SEWER AUTHORITY


272 A.D.2d 853 (2000)

708 N.Y.S.2d 678

NIAGARA FRONTIER TRANSPORTATION AUTHORITY, Respondent, v. BUFFALO SEWER AUTHORITY, Appellant, et al., Defendants.

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

Decided May 10, 2000.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying in its entirety the motion of Buffalo Sewer Authority (defendant) to compel discovery of documents alleged by plaintiff to be material prepared for litigation (see, CPLR 3101 [d] [2]) or protected by the attorney-client privilege (see, CPLR 3101 [b]; Rossi v Blue Cross & Blue Shield,

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