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CMRC CORPORATION, LTD. v. STATE OF NEW YORK

270 A.D.2d 27 (2000)

704 N.Y.S.2d 219

CMRC CORPORATION, LTD., Respondent, v. STATE OF NEW YORK, Appellant.

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

Decided March 7, 2000.

The motion court improvidently exercised its discretion when it ordered the State to turn over an appraisal report dated November 22, 1995. The report, which was prepared in contemplation of the settlement of an eminent domain proceeding, "enjoy[s] the conditional immunity from disclosure which is conferred on material prepared for litigation by CPLR 3101 (d)" (Schad v State of New York, 240 A.D.2d 483, 484). To the extent that the...

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