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TEKNI-PLEX v. MEYNER & LANDIS

89 N.Y.2d 123 (1996)

674 N.E.2d 663

651 N.Y.S.2d 954

Tekni-Plex, Inc., Respondent, v. Meyner and Landis, a New Jersey Partnership, Appellant. Tekni-Plex, Inc., Respondent, v. Tom Y. C. Tang, Appellant.

Court of Appeals of the State of New York.

Decided October 22, 1996.

Attorney(s) appearing for the Case

Geoffrey C. Hazard, Jr., of the Pennsylvania Bar, admitted pro hac vice, for appellant in the first and second above-entitled actions; Meyner and Landis (Cynthia Brooks, of the New Jersey Bar, admitted pro hac vice, of counsel), appellant pro se in the first above-entitled action; and Curtis, Mallet-Prevost, Colt & Mosle, New York City (Turner P. Smith of counsel), for appellant in the second above entitled action.

Richards Spears Kibbe & Orbe, New York City (Linda Imes and Adam D. Mitzner of counsel), and Bruce A. Green for respondent in the first and second above-entitled actions.

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

Chief Judge KAYE.

Central to this appeal, involving a dispute over a corporate acquisition, are two questions. First, can long-time counsel for the seller company and its sole shareholder continue to represent the shareholder in the dispute with the buyer? And second, who controls the attorney-client privilege as to premerger communications? We conclude that counsel should step aside, and that the...

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