NIESIG v. TEAM I


149 A.D.2d 94 (1989)

Thomas Niesig, Appellant, v. Team I et al., Defendants and Third-Party Plaintiffs-Respondents DeTrae Enterprises, Inc., Third-Party Defendant-Respondent

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

August 7, 1989


Attorney(s) appearing for the Case

Winter & Bass (Emily Bass of counsel), for appellant.

McCoy, Agoglia, Beckett & Fassberg, P. C. (Patrick J. Crowe of counsel), for third-party defendant-respondent.

LAWRENCE, HARWOOD and BALLETTA, JJ., concur.


BRACKEN, J. P.

Subject to certain exceptions not relevant to this case, DR 7-104 (A) (1) of the Code of Professional Responsibility prohibits a lawyer from communicating with an adverse party whom he knows to be represented by an attorney in connection with the subject matter of that representation. The principal question presented on this appeal is whether the plaintiff's attorney may, consistent with the prohibition...

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