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FUJAH v. V-M AUTO REFINISHING

192 Misc.2d 177 (2002)

746 N.Y.S.2d 239

UPSTATE FEDERAL CREDIT UNION, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 102222.)

Court of Claims.

June 28, 2002.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, LLP (Carl Rosenbloom and Sandra F. Gordon of counsel), for claimant.

Eliot Spitzer, Attorney General (Donald Shehigian of counsel), for defendant.

OPINION OF THE COURT

DIANE L. FITZPATRICK, J.

Claimant has moved to strike defendant's "rebuttal" report filed on November 23, 2001 on the grounds that the State is "attempting to thwart the appraisal rule by styling a report as `rebuttal' that it could have and should have included in its original appraisal." (Rosenbloom affidavit ¶ 17.) The State has cross-moved for an order suspending interest on the...

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