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MAYORGA v. TATE

302 A.D.2d 11 (2002)

752 N.Y.S.2d 353

REIANNE MAYORGA, Respondent, v. ROBERT TATE, Appellant.

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

December 16, 2002.

Attorney(s) appearing for the Case

Pieper Hoban & Royce, P.C., Mineola (Stephen P. Hoban of counsel), for appellant.

Jeffrey Levitt, Amityville, for respondent.

SMITH, J.P., FRIEDMANN, ADAMS and TOWNES, JJ., concur.

OPINION OF THE COURT

Per Curiam.

We hold that, just as the attorney-client privilege itself survives the death of the client for whose benefit the privilege exists (see e.g. Matter of Riconda, 90 N.Y.2d 733, 740; Matter of Matheson, 283 N.Y. 44; Matter of Cunnion, 201 N.Y. 123; People v Modzelewski, 203 A.D.2d 594

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