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SCHMIDT v. STATE OF NY

181 Misc.2d 499 (1999)

695 N.Y.S.2d 225

SCOTT M. SCHMIDT et al., Claimants, v. STATE OF NEW YORK, Defendant. (Claim No. 98418.)

Court of Claims.

May 13, 1999.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (Thomas G. Ramsay of counsel), for defendant.

Ellis & Kustell (Carl B. Kustell of counsel), for claimants.

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?

Facts

On June 25, 1996, claimant1 was involved in a serious collision with a tractor trailer at the intersection...

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