Thomas Niesig, Appellant,
v.
Team I et al., Defendants-Respondents and Third-Party Plaintiffs-Respondents. DeTrae Enterprises, Inc., Third-Party Defendant-Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued May 31, 1990.
Decided July 5, 1990.
Attorney(s) appearing for the Case
Emily M. Bass and Monique Y. Patterson for appellant.
Frederick B. Simpson for J.M. Frederick Construction of New York, Inc., defendant-respondent and third-party plaintiff-respondent.
Patrick J. Crowe for third-party defendant-respondent.
Janice Goodman, Audrey S. Feinberg and Kent Hirozawa for the Committee on Civil Rights of the Association of the Bar of the City of New York, amicus curiae.
Miriam F. Clark, Lewis M. Steel, Julius Levonne Chambers, Charles Steven Ralston, Ronald L. Ellis, Vanessa Merton and Kim Gandy for NAACP Legal Defense & Educational Fund, Inc., and others, amici curiae.
James R. Sandner, James D. Bilik and Claude I. Hersh for New York State United Teachers, amicus curiae.
Robert Abrams, Attorney-General (Peter G. Crary, O. Peter Sherwood and Peter H. Schiff of counsel), amicus curiae, pro se.
Nancy E. Hoffman, William A. Herbert, Robert Perez-Wilson, Leonard D. Polletta and Robert A. Martin for the Civil Service Employees Association, Inc., and another, amici curiae.
Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE and HANCOCK, JR., concur with Judge KAYE; Judge BELLACOSA concurs in a separate opinion.
Court of Appeals of the State of New York.
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...
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