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MARZIANO v. CITY OF YONKERS

Appellate Division of the Supreme Court of New York, Second Department.
Nov 26, 1984

Order reversed insofar as appealed from, with costs, and upon reargument, that portion of the court's original determination which directed defendant to provide expert reports to plaintiff's counsel is stricken; order of the same court, dated October 26, 1982, amended accordingly.

The material sought by plaintiff is clearly material prepared for litigation which enjoys a privilege from disclosure except in certain circumstances not present here (see CPLR 3101, subd [d]; Rosado v Mercedes-Benz, 90 A.D.2d 515). Weinstein, J.P., Brown, Rubin and Eiber, JJ., concur.