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ALLSTATE INS. CO. v. BELT PARKWAY IMAGING

Appellate Division of the Supreme Court of New York, First Department.
Feb 18, 2010
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After an in camera review ( see Masterwear Corp. v Bernard, 298 AD2d 249, 250), the court properly found that the documents relating to a confidential proposed settlement that was never finalized were neither material nor necessary to the defense of the action ( see Matter of New York County Data Entry Worker Prod. Liab. Litig., 222 AD2d 381). Our own review confirms that the documents contain no indication of any attempt to influence a witness to give false testimony ( cf. Warrick v Capabilities, Inc., 299 AD2d 622, 623), or suggest any other basis on which they might be discoverable.

We have considered appellants' remaining contentions and find them unavailing.