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TUCK-IT-AWAY ASSOCIATES, L.P. v. EMPIRE STATE

54 A.D.3d 154 (2008)

861 N.Y.S.2d 51

In the Matter of TUCK-IT-AWAY ASSOCIATES, L.P., Respondent, v. EMPIRE STATE DEVELOPMENT CORPORATION, Appellant. In the Matter of WEST HARLEM BUSINESS GROUP, Respondent, v. EMPIRE STATE DEVELOPMENT CORPORATION, Appellant.

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

July 15, 2008.

Attorney(s) appearing for the Case

Carter Ledyard & Milburn LLP, New York City (Ethan I. Strell, Jean M. McCarroll and Pamela Shelinsky of counsel), for appellant.

McLaughlin & Stern, LLP, New York City (Steven J. Hyman of counsel), Norman Siegel, New York City, and Philip R. Van Buren, New York City, for respondents.

ANDRIAS, J.P., and NARDELLI, J., concur with CATTERSON, J.; BUCKLEY, J., dissents in part in a separate opinion.

OPINION OF THE COURT

CATTERSON, J.

In these two related but separate appeals, we examine the Freedom of Information Law and the principles underpinning it in order to determine how strictly the law's exemptions should be construed. Specifically, we focus on the issue of what materials may be considered as exempt intra- or inter-agency documents when a government agency hires a consultant that is also working for...

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