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1591 SECOND AVENUE LLC v. METROPOLITAN TRANSPORTATION AUTHORITY

8563N. 161539/15.

169 A.D.3d 623 (2019)

92 N.Y.S.3d 881

2019 NY Slip Op 01506

1591 Second Avenue LLC et al., Respondents, v. Metropolitan Transportation Authority et al., Appellants.

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

Decided February 28, 2019.

Supreme Court did not abuse its discretion in concluding that the requested materials were prepared in anticipation of litigation (see CPLR 3101 [d] [2]), or in failing to conduct an in camera inspection of the subject materials. Furthermore, given that defendants failed to contest that their experts inspected the allegedly damaged properties, they failed to show a substantial need for the report and the materials incorporated...

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