Legal Opinion
Schmidt v. State
New York Court of Claims
Decided May 13, 1999No. Claim No. 98418PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Philip J. Patti, J.
Introduction
This case raises an important ethical issue: when, if ever, may a claimant’s attorney or his agent conduct ex parte interviews of key fact witnesses employed by the State of New York?
*501Facts
On June 25, 1996, claimant1 was involved in a serious collision with a tractor trailer at the intersection of Lockport Road and State Route 425 (Shawnee Road) in the Town of Wheat-field. Concluding that the accident was caused by a misaligned traffic signal, claimant and his wife, through their attorney, served a notice of intention, which the New York State…
2Cases cited9 opinions
- Kelly v. Diesel Construction Division of Carl A. Morse, Inc.New York Court of Appeals · 1974
- Niesig v. Team INew York Court of Appeals · 1990
- Loschiavo v. Port Auth. of New York & New JerseyNew York Court of Appeals · 1983
- Foley v. State of New YorkNew York Court of Appeals · 1945
- Cobin v. StateAppellate Division of the Supreme Court of the State of New York · 1996
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3Cited by2 opinions
- Madris v. OlivieraAppellate Division of the Supreme Court of the State of New York · 2012
- Madris v. OlivieraAppellate Division of the Supreme Court of the State of New York · 2012