MADDEN v. CREATIVE SERVS.


84 N.Y.2d 738 (1995)

646 N.E.2d 780

622 N.Y.S.2d 478

George Madden et al., Plaintiffs, v. Creative Services, Inc., et al., Defendants.

Court of Appeals of the State of New York.

Decided January 12, 1995.


Attorney(s) appearing for the Case

A. Vincent Buzard, Rochester, and Adele M. Fine for plaintiffs.

Fix, Spindelman, Brovitz, Turk, Himelein & Shukoff, P. C., Rochester (Norman M. Spindelman, Karl S. Essler and Francis C. Affronti of counsel), for Creative Services, Inc., and others, defendants.

Harter, Secrest & Emery, Rochester (Kenneth A. Payment and Carol L. O'Keefe of counsel), for National Amusements, Inc., and another, defendants.

Jeffrey Robert White, James E. Rooks, Jr., Larry S. Stewart, of the District of Columbia Bar, admitted pro hac vice, and Cheryl Flax-Davidson, of the New York Bar, for Association of Trial Lawyers of America, amicus curiae.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


Chief Judge KAYE.

Does an intruder's unauthorized inspection of a client's documents in a lawyer's office give rise to a cause of action by the client against the intruder for violation of the attorney-client privilege? On the facts presented, we answer this question, certified to us by the United States Court of Appeals for the Second Circuit, in the negative.

As set forth in the parties' submissions...

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