Legal Opinion

Niesig v. Team I

New York Court of Appeals

Decided July 5, 1990PublishedCited by 144 opinions

1Opinion of the Court

OPINION OF THE COURT

Kaye, J.

Plaintiff in this personal injury litigation, wishing to have his counsel privately interview a corporate defendant’s employees who witnessed the accident, puts before us a question that has generated wide interest: are the employees of a corporate party also considered "parties” under Disciplinary Rule 7-104 (A) (1) of the Code of Professional Responsibility, which prohibits a lawyer from communicating directly with a *368"party” known to have counsel in the matter?1 The trial court and the Appellate Division both answered that an employee of a counseled corporate…

2Cases cited13 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  3. S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
  4. Kelly v. Diesel Construction Division of Carl A. Morse, Inc.New York Court of Appeals · 1974
  5. Rossi v. Blue Cross & Blue ShieldNew York Court of Appeals · 1989

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3Cited by144 opinions

  1. Zachair, Ltd. v. DriggsDistrict Court, D. Maryland · 1997
  2. Geron ex rel. Estate of Thelen LLP v. Seyfarth Shaw LLP (In re Thelen LLP)Court of Appeals for the Second Circuit · 2013
  3. Arons v. JutkowitzNew York Court of Appeals · 2007
  4. Post v. BregmanCourt of Appeals of Maryland · 1998
  5. Arista Records LLC v. Lime Group LLCDistrict Court, S.D. New York · 2011

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