Legal Opinion

Schmidt v. State

Appellate Division of the Supreme Court of the State of New York

Decided December 27, 2000No. Claim No. 98418PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Scudder, J.

Defendant contends on appeal that the Court of Claims erred in refusing to preclude claimants’ use of statements obtained from employees of the New York State Department of Transportation (DOT) at the behest of claimants’ counsel, allegedly in violation of Code of Professional Responsibility DR 7-104 (a) (1) (22 NYCRR 1200.35 [a] [1]). Defendant also contends that the court erred in refusing to preclude claimants from deposing the employees who made the statements and to disqualify claimants’ counsel based on the alleged violation of the disciplinary rule. We…

2Cases cited4 opinions

  1. Niesig v. Team INew York Court of Appeals · 1990
  2. Sega v. StateAppellate Division of the Supreme Court of the State of New York · 1998
  3. Hodge v. StateAppellate Division of the Supreme Court of the State of New York · 1995
  4. In re HarrisAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by6 opinions

  1. Madris v. OlivieraAppellate Division of the Supreme Court of the State of New York · 2012
  2. Holmes v. StateNew York Court of Claims · 2004
  3. Arquette v. StateNew York Court of Claims · 2001
  4. Claim of Tyson v. Roswell Park Cancer Institute Corp.New York Court of Claims · 2003
  5. Gang v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2019

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