(DOWNLOAD) "Erie Lackawanna Railway Company v. State New York" by Supreme Court of New York # Book PDF Kindle ePub Free

July 01, 2021

eBook details

Title: Erie Lackawanna Railway Company v. State New York
Author : Supreme Court of New York
Release Date : January 05, 1976
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 73 KB

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[54 A.D.2d 1089 Page 1089] Memorandum: The State appeals from an order of the Court of Claims insofar as the order directed the State to produce a copy of an unfiled appraisal of the premises which are the subject of this highway appropriation. The State claims that the appraisal is immune from discovery because it has been used only for settlement negotiations (CPLR 3101, subd [d]). By statute (CPLR 3140) and court rule (22 NYCRR 1024.24, 1200.27), the parties to an appropriation claim are directed to exchange all appraisal reports intended to be used at trial. Unfiled reports used for settlement negotiations and not intended for use at trial generally may not be discovered. We have held, however, that unfiled appraisal reports which have been adopted by the State or condemning authority are not immune from discovery (Niagara Falls Urban Renewal Agency v Clifton Holding, 43 A.D.2d 900; cf. Swartout v State of New York, 44 A.D.2d 766). Once used in dealing with some third party, the report is not material prepared solely for litigation even though it may also be used for settlement or negotiation. The State having thus adopted the appraisal, it is [54 A.D.2d 1089 Page 1090]